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NoHh Carolina SMI* Library 

Raleigh 

FORTY-THIRD REPORT 

OF THE 

NORTH CAROLINA 
UTILITIES COMMISSION 



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JANUARY 1, 1949 THROUGH JUNE 30, 1950 



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Prior reports of the jNiorth Carplina Utjiitjep C'ommission and its 
predecessors consist of 42 volumes, as follows: 

Board of Railroad Commissioners 

1891 to 1898, inclusive, 8 Volumes 
North Carolina Corporation Commission 

1899 to 1933, inclusive, 27 Volumes 
North Carolina Utilities Commission 

1934 to 1948, inclusive, 7 Volumes 



NORTH CAROLINA UTILITIES COMMISSION 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner Edward H. McMahan, Commissioner 

Joshua S. James, Comvfiissioner Harry T. Westcott, Com,m,issioner 

Elsie G. Riddick* 

Chief Clerk 

John Hill Paylor 

Assistant Attorney General Assigned to the Comm,ission 

Vern W. Chase, Telephone Engineer 

John T. Armstrong, Senior Investigator 

ViRL L. Choate, Director, Accounting 

Hardy D. Dudley, Assistant Director, Accounting 

Dorothy B. Austell, Budget Officer 

Broadus Glover, Director, Motor Freight Transportation 

D. W. Merritt, Associate Rate Specialist 

Eugene A. Hughes, Jr., Director, Motor Passenger Transportation 

L. M. Keever, Electrical Engineer 

Edgar Womble, Consultant 

Director, Gas and Water Companies 

H. M. Nicholson, Director, Traffic Department 

Parks M. Low, Assistant Director, Traffic Department 

Julian Howard Hayes, Associate Rate Specialist 

Mary Shaw, Director, Insurance and Registration 

Grace Grantham, Assistant 



* Retired April 30, 1949. Succeeded by Myrtha Fleming. 

92652 



Reporters 

Mrs. Mattie Lee Simmons 
Portia Bonner Whitley 

Secretaries and Clerks 

Mary Alice Adams 

Mrs. Joy W. Britt 

Sophia Busbee 

Aimee E. Covington 

Mrs. Elizabeth J. Duke 

Catherine Hall 

Mrs. Lois P. Hardee 

I. H. Hinton 

Mrs. Daphne T. Lovelace 

Mrs. Gertrude M. Newman 

Anne Lydia Olive 

Madora Ella Powell 

Mrs. Hattie B. Smith 

Mrs. Frances B. Taylor 

Mrs. Thomas G. Wicker 

Motor Vehicle Inspectors 

Clarence M. Bogan 

Homer W. Brookshire 

Charles H. Cox 

D. Doug Davis 

Charles J. Hill 

W. Hampton McSwain 

K. S. Powers 

P. S. Simmons 

J. W. Smith 

A. Carlton Taylor 

William C. Twiddy 

C. B. Wade 



LETTER OF TRANSMITTAL 

To His Excellency W. Kerr Scott 
Governor, State of North Carolina 
Raleigh, North Carolina 

The North Carolina Utilities Commission is pleased to report that 
funds have been provided for the publication of its orders and decisions 
and that the publication of the same, which was discontinued as of 
January 1, 1949, has been resumed. 

The Commission under different names has existed continuously 
since 1891; and its reports consist of 42 volumes, 8 of which were 
published by the Board of Railroad Commissioners, 27 by the North 
Carolina Corporation Commission, and 7 by the North Carolina Utilities 
Commission. These reports have not been numbered consecutively, but 
the Commission has directed that its reports be numbered consecutively 
hereafter and that this volume be assigned Volume 43. 

The period covered by this report has been a period of great activity 
and progress in the expansion of public utility service and public utility 
regulation in North Carolina. Pursuant to the provisions of Chapter 
1009, Public Laws of 1949, the Commission on April 15, 1949, was 
increased from three to five members. Honorable Joshua S. James of 
Wilmington and Honorable Edward H. McMahan of Brevard having 
been appointed on April 22, 1949, as the two additional members. 

The Act further provides for the addition of qualified technical 
personnel to the Commission's staff, including a Communications 
Engineer, Electrical Engineer, Director of Accounting, Transportation 
Expert, and such other trained personnel as the Commission finds its 
work requires. The Commission accordingly, during the early part of 
the year 1949, added the required trained personnel to its staff and 
reorganized its work by establishing a Division of Electric Power and 
Light Service, a Division of Gas and Water Service, a Division of Motor 
Passenger Transportation, a Division of Motor Freight Transportation, 
a Division of Carrier Traffic, and a Division of Accounting. 

In order to change the system of issuing Biennial Reports covering 
the calendar years involved, the Commission has adopted the policy of 
issuing Annual Reports which will run concurrently with the fiscal year. 
Due to this change, this Report covers the period of eighteen months 
from January 1, 1949, through June 30, 1950. Previously the Commission 
has issued a brief report covering this period, which included only data 
and statistics indicative of the progress that had been made and did not 
include the decisions. 

TELEPHONE DIVISION 

On September 1, 1949, the Commission employed the Communications 
Engineer. His duties consist in providing the Commission with technical 
information on plant costs, traffic and tariffs. He works directly with 
subscribers and applicants for telephones to facilitate the improvement 
and extension of service; he assists small companies which do not 



10 N. C. Utilities Commission 

maintain an engineering staff with engineering problems; and he makes 
recommendations to eliminate costly mistakes which could be detrimental 
to rate payers. Since his employment, he has investigated more than 
one thousand requests for securing either new or improved service, and 
he has arranged for approximately sixty conferences with groups of 
citizens for the purpose of discussing telephone problems with the 
Commission and representatives of telephone companies. Conferences 
of this nature have been effective and far-reaching in improving and 
providing telephone service. 

During the first six months of 1950, the Commission held six show 
cause hearings, which resulted in each case in expanded or improved 
service. 

On March 20, 1950, the Commission held a conference with repre- 
sentatives of all telephone companies in the State for the purpose of 
discussing construction costs, advance payments, the establishment of 
uniform exchange areas to eliminate mileage charges, increased service 
connection charges to discourage removals, area coverage, and the 
availability of material and equipment. On this occasion the Commission 
was honored to have you yourself speak to this group and point out 
the need of telephone service for the industrial development now rapidly 
extending into rural sections of the State. 

The Commission has held many hearings and issued the orders 
which are included in this report in addition to these efforts toward 
the expansion and improvement of telephone service. 

During this period of eighteen months, the telephone companies 
expanded and improved telephone service at an accelerated rate never 
before equalled within the State. During the year of 1949, approximately 
140,000 new telephones were installed, resulting in a net gain of 
approximately 55,000 telephones. During the first six months of 1950, 
79,088 telephones were installed, with 51,583 removals, making a net 
gain of 27,505. This brought the total number of telephones in service 
on June 30, 1950, to 526,749. This number represents one telephone 
for every 8 persons in the State. 

ELECTRICAL DIVISION 

On September 1, 1949, the Commission employed the electrical 
engineer and organized the Electrical Division. 

The electrical engineer supplies the Commission with information 
concerning rates, cost estimates, operating policies, and extension of 
plants and facilities. He confers with the managers of utilities, advis- 
ing them on the expansion of generating, transmission and distribution 
facilities in an effort to assist companies in improving and increasing 
service. He serves as liaison between utility directors and customers, de- 
termining demands and arbitrating complaints on rate schedules, inade- 
quate service, and methods of billing. 

Indicative of the economic conditions of this period, the majority 
Df the orders that the Commission issued to electrical power companies 
were related to the issuance and sale of securities. 

Within the past eighteen months the electrical power companies have 



Decisions and Adjustments of Complaints H 

constructed 1,000 miles of lines to serve an additional 14,000 rural cus- 
tomers. 

GAS SERVICE 

The outstanding event in connection with Gas Service was concerned 
with the bringing of natural gas to North Carolina. 

The Transcontinental Gas Pipe Line Corporation now has under 
construction a gas pipe line from Houston to New York City. This pipe- 
line traverses the piedmont section of the State from a point near 
Kings Mountain to a point near Reidsville. 

Three gas companies, Carolina Natural Gas Corporation, Piedmont 
Natural Gas Corporation, and Public Service Company of North Carolina, 
Inc., have filed separate applications with the Federal Power Commission, 
each seeking an allocation of natural gas from the Transcontinental Gas 
Pipe Line Corporation sufficient to supply the needs of this State in 
the area which it traverses. In each of these proceedings before the 
Federal Power Commission, the Utilities Commission has intervened 
and offered testimony in support of its allegations that North Carolina 
is in urgent need of natural gas. At the end of the period covered by 
this report, these cases have not been decided; but the Commission is 
confident that the Federal Power Commission will allocate natural gas 
sufficient to meet the demand. 

An allocation of natural gas has already been made to the North 
Carolina Gas Corporation for its use in serving custom^ers in the 
Reidsville-Leaksville area. According to plans, this area should have 
natural gas in abundance before the end of the year 1950, the coming 
of which wil mark the beginning of a new era in the development of 
North Carolina. 

WATER SERVICE 

There are sixteen privately owned water companies in the State 
which operate under the jurisdiction of this Commission. All municipal- 
ities except eight own and operate their own water systems. These are 
Rutherfordton and Spindale, served by Duke Power Company; Beaufort, 
Morehead City and Snow Hill, served by the Tide Water Power Company; 
Hamlet, served by the Hamlet Water Company; Knightdale, served by 
Knightdale Supply Service; and Spring Lake, served by Spring Lake 
Enterprises. 

During the year of 1949 these eight privately owned systems served 
9,670 customers who used a total of 1,385,300,274 gallons of water, for 
which they paid $335,122, or an average of 24 cents per one thousand 
gallons. 

While the Commission has jurisdiction over the services and rates 
of privately owned and operated water systems, it does not have control 
nor supervision over water systems that are owned and operated by 
municipalities. 

TELEGRAPH SERVICE 

The Western Union Telegraph Company provides the State with 
telegraph service. During this period the Commission has approved 



12 N. C. Utilities Commission 

a revision of its rates to conform with the interstate rate system. 
Approval of this revision makes uniform rates throughout the nation. 

HOUSING AUTHORITY 

The Commission has jurisdiction to issue certificates of public 
convenience and necessity for all Housing Authorities. During this 
period it has issued two new certificates of public convenience and 
necessity and amended seven others. 

TRAFFIC DIVISION 

Certain trends in rail transportation have resulted in crowding the 
docket of the Commission with numerous proceedings. There has been 
a substantial diversion of merchandise from rail to highway trans- 
portation. With the increased use of automobiles resulting in diversion 
of passenger traffic from public to private methods of transportation, 
common carrier unit costs have increased. This situation, coupled with 
the rise in prices of labor and materials, has brought numerous petitions 
from 200 carriers seeking authority to increase fares. 

The denial of an application of railroads to increase their intrastate 
coach fares was appealed to the federal courts; and, upon its being 
sustained by the Supreme Court of the United States, the Commission 
then carried the matter into the State Court with the result that more 
than a quarter of a million dollars in excess fares recovered from the 
railroads will escheat to the University upon the expiration of the 
statutory limitation. 

In connection with the regulation of the railroads, the Commission 
held thirty-one public hearings and disposed of another thirty-one cases 
by conferences or other informal processes. They have concluded 
fifteen controversies relating to side tracks or other terminal service. 
Many of the decisions of the Commission during this period have been 
related to the discontinuance of agency services in small communities, 
the abandoment and dismantling of platforms and buildings, and the 
removal of side tracks. 

In addition to these intrastate matters, the Commission has frequently 
participated in interstate rate adjustments, the following case being an 
example of one before the Interstate Commerce Commission. It is case 
No. 5500, Unloading Charges on Fruits and Vegetables at New York and 
Philadelphia. This case involved a charge of approximately $30 per car 
over and above the regular transportation charges for unloading fresh 
fruits and vegetables at these two cities. A favorable proposed report 
has been issued, which, if sustained by a majority of the federal com- 
mission, will remove these charges from hundreds of cars shipped each 
year by North Carolina growers and producers. 

Thus, it may be observed that with respect to interstate transportation 
rates and fares, this Commission is the regulating agency. The intrastate 
transportation rates and fares are closely related to their interstate 
counterparts, which require the maintenance of facilities for frequent 
comparison. However, the maintenance of the facilities are of invaluable 
assistance to shippers and receivers of North Carolina in their efforts 
to remove transportation rate discrimination against them. 



Decisions and Adjustments of Complaints 13 

DIVISION OF MOTOR FREIGHT TRANSPORTATION 

Within the period which this report covers, the Commission set up a 
Division of Motor Freight Transportation, which is responsible for the 
enforcement of the rules and regulations pertaining to the operation 
of more than 500 regulated motor freight carriers. 

The expansion of transportation by motor freight during this period 
has resulted in the Commission's issuing the many orders which are 
quoted in this report. The Commission cancelled 29 truck franchises, 
received and processed 37 applications for sale and transfer of operating 
authority, handled 64 withdrawals of applications, approved 4 leases and 
agreements, issued 47 show cause orders, dismissed 21 applications, 
reinstated 12 operators, and authorized 4 suspensions of operations. 

On the date at the close of this report, there are 436 common carriers, 
66 contract carriers of property, and more than 4,800 operators who are 
exempted carriers. 

The magnitude of intrastate motor freight service in North Carolina 
and the extent to which it is increasing is shown by the following 
figures of two given periods of six months each: 

Common Carriers July 1, 1949-Dec. 31, 1949 Jan. 1, 1950-June 30, 1950 
Truck Miles 90,085,814 130,624,430 

Tons Hauled 8,729,312 13,093,968 

Contract Carriers « 

Truck Miles 3,190,608 4,158,000 

Tons Hauled 165,058 220,125 

DIVISION OF MOTOR PASSENGER TRANSPORTATION 

In September, 1949, the Commission set up the Division of Motor 
Passenger Transportation and appointed a director of the division. This 
was one month before the 1949 Bus Act was to go into effect. This 
newly appointed director was confronted with the education of the 
operators in regard to the provisions of this Act and the issuance of 
new certificates in lieu of all those outstanding on the effective date 
of the Act. The preparation of these certificates required research into 
the records of the Commission in order to make revisions and to show 
the operations as actually maintained. This director was in charge of 
the enforcement of the Rules and Regulations of the Commission as 
promulgated for the administration and enforcement of the Bus Act. 
These included regulations with respect to registration of rolling 
equipment, insurance, rates, time schedules, identification of vehicles, 
bus stations, tickets, baggage, and safety. In addition to these duties, 
the director had charge of the inspection work and the direction of the 
12 inspectors. 

In accordance with the Bus Act, the Commission must hear and 
pass upon all applications for new routes, extensions, suspensions of 
service, proposed rate increases, lease and operating agreements, com- 
plaints, protests, controversies, and all other matters affecting public 
interest. 

In the process of regulating the motor passenger industry, the 
Commission issued 185 orders; and at the end of the period covered by 
this report, it had before it for consideration 55 pending proceedings. 



14 N. C. Utilities Commission 

The size of the bus industry in the State may be determined from 
the fact that 135 carriers operating 1,953 buses grossed an estimated 
income of $31,000,000 for the twelve-month period from July 1, 1949, 
to July 1, 1950. During this same period they travelled 104,000,000 miles 
in transporting 117,500,000 passengers. The intrastate investments of 
the regulated carriers on June 30, 1950, amounted to $22,500,000. 

THE ACCOUNTING DIVISION 

In October, 1949, the Commission appointed a Director of Accounting 
and set up the Accounting Division, which consisted only of the director 
and a half-time secretary. Thus, for the first time, upon the receipt of 
an application for a rate increase, the Commission could authorize a 
member of its staff to make an examination of the records of the 
applicant and make recommendations based upon data disclosed by 
the examination. 

During the remainder of the period covered by this report, the 
director of accounting made field examinations covering the electric 
operations of two major electric companies and of twelve telephone 
companies. The two electric companies on which examinations were 
conducted have a gross investment in electric plant approximating 
$135,000,000. The twelve telephone companies have a gross investment 
in telephone plant in the aggregate of approximately $6,600,000. 

Because of personnel limitations, these examinations were less 
thorough in detail than desired. However, these examinations indicated 
the vital need for the establishment of all utilities' books and records 
on an appropriate uniform basis so that the Commission might more 
readily arrive at just and reasonable rates and charges. Only through 
the adoption of Uniform Systems of Accounts for Utilities Companies 
and the constant surveillance by the Accounting Division can this phase 
of work be accomplished. 

The activities of the one-man division during this short period have 
resulted in passing on to the Revenue Department data by means of 
which it collected approximately $7,300 in additional gross receipt taxes. 
The correction of improper bookkeeping procedures, from which such 
deficiencies arose, will result in the future assessment of additional gross 
receipts taxes aggregating approximately $2,600 annually. 

In addition to the activities already set forth, studies have been 
made of the capital structures of eight utility companies in connection 
with the proposed issuance of securities. Conferences were held in 
which the Commission, the director of accounting, and company 
executives participated; and affirmative orders were issued which 
sanctioned the issuance and sale by the respective companies of 
$20,000,000 additional securities, whereby money became available to 
carry on the improvement and expansion programs in the utility field. 

SUMMARY 

During the eighteen months which this report covers, the Commission 
has spent much time in the reorganization which was provided by the 
1949 General Assembly. The employment of personnel trained in the 



Decisions and Adjustments of Complaints 15 

technical phases of the utility field has been difficult at the salaries 
which were available for these positions. The difficulty in finding 
efficiently trained personnel has made it impossible to complete the 
reorganization. 

The Commission has conducted 420 public hearings, has issued 
733 orders, and has held many conferences, which were time-consuming 
and far-reaching in their results. The reorganization of the Commission 
with its two additional Commissioners and additional staff members 
made possible the execution of this tremendously expanded program. 
It is with pleasure that the Commission submits to you this report of 
its activities. In so far as it is possible, this report represents the way 
in which the reorganized Commission met the challenge presented to it 
throughout a period of expansions and readjustments without parallel 
on the part of the utilities over which the Commission has jurisdiction. 

Very respectfully, 

Stanley Winborne 
Fred C. Hunter 
Joshua S. James 
Edward H. McMahan 
Harry T. Westcott* 
Myrtha Fleming, Chief Clerk 



* Commissioner Westcott on March 1, 1950, succeeded Commissioner 
Robert Grady Johnson. 



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North Carolina Stale Library 

Raleigh 



CONTENTS 

Page 
GENERAL ORDERS 

Orders 21 

DIVISION OF MOTOR FREIGHT TRANSPORTATION 

Listing of Carriers Operating 27-38 

Listing of Carriers Cancelled, Dismissed, Etc — 38-40 

Orders 41-869 

DIVISION OF MOTOR PASSENGER TRANSPORTATION 

Listing of Carriers Operating 873-876 

Orders 877-1208 

TRAFFIC DEPARTMENT 

Listing of Railroads Operating 1211 

Orders 1212-1345 

TELEPHONE DIVISION 

Listing of Telephone Companies Operating 

and Statistical Data 1349-1354 

Orders 1355-1519 

ELECTRICAL DIVISION 

Listing of Power Companies Operating and Statistical Data 1523-1529 
Orders 1530-1579 

GAS, WATER, AND TELEGRAPH SERVICE 

Gas: Listing of Gas Companies Operating 

and Statistical Data 1583 

Orders 1584-1598 

Water: Listing of Water Companies Operating 

and Statistical Data 1599 

Orders 1600-1610 

Telegraph: Listing of Telegraph Companies Operating 

and Statistical Data 1610 

Orders 1610-1611 

HOUSING AUTHORITY AND MISCELLANEOUS ORDERS 

Housing Authority: Orders 1615-1641 

Miscellaneous: Orders 1642-1649 

CASES ON APPEAL 

Listing of Cases 1653-1656 



18 ' '•! N. C. Utilities Commission 

INDICES TO ORDERS 

Alphabetical: 

Division of Motor Freight Transportation 1659-1683 

Division of Motor Passenger Transportation 1683-1689 

Electrical Division 1689-1690 

Gas Service 1690 

General Orders 1696 

Housing Authority and Miscellaneous Orders 1690-1691 

Telegraph Service 1691 

Telephone Division 1691-1693 

Traffic Department 1693-1696 

Water Service 1696 

Subject: 

General Orders '. 1699 

Division of Motor Freight Transportation 1699-1716 

Division of Motor Passenger Transportation 1716-1722 

Traffic Department 1723-1726 

Telephone Division 1726-1728 

Electrical Division 1728-1729 

Gas, Water, and Telegraph Service 1729-1730 

Housing Authority and Miscellaneous Orders 1730 



GENERAL ORDERS 



I 



GENERAL ORDERS 

DOCKET NO. B-lll-A 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

Through joint routes and rates for the trans- t ORDER & NOTICE 

portation of newspapers and express parcels I OF OPPORTUNITY 

by motor carriers of passengers. \ TO SHOW CAUSE 

The Commission having under consideration the matter of through 
joint routes and rates for the transportation of newspapers and express 
parcels in the same motor vehicle with passengers, and it appearing to 
be necessary and desirable in the public interest that common carriers 
of passengers by motor vehicle, generally should participate in through 
joint routes and rates for the transportation of newspapers and express 
parcels in the same vehicle with passengers, and 

WHEREAS, several of the common carriers of passengers by motor 
vehicle have already filed with the Commission a tariff being issued by 
the National Bus Traffic Association, Inc., as agent for the carriers 
participating therein, is further identified as Local and Joint Express 
Tariff No. A-384, N. C. U. C. No. 40, and 

IT APPEARING, that common carriers of passengers by motor vehicle 
entering union passenger depots or stations, the use and maintenance of 
which are participated in by two or more such carriers, should be 
required in the public interest to participate in a common tariff of both 
local and joint charges for the aforesaid service. Therefore, 

IT IS ORDERED, That all common carriers of passengers by motor 
vehicle set out in the appendix hereto, except those not entering into 
and participating in the facilities and maintenance of union depots or 
stations, be and the same are hereby required to participate in the 
tariff hereinbefore described and identified; said participation to become 
effective on or before November 1, 1949, in the usual manner of filing 
and posting, as provided by statute and the Rules and Regulations 
pertaining thereto adopted by the Commission March 30, 1945, which 
tariff Rules and Regulations are to remain in full force and effect until 
modified or revised under the provisions of The Bus Act of 1949. 

IT IS FURTHER ORDERED, That in the event a carrier or carriers 
respondent to this proceeding desire an opportunity to show cause, if 
any there be, why the foregoing requirements should not be complied 
with, the representatives of such carriers may appear at the offices of 
the Commission in Raleigh on Thursday, October 20, 1949, at 10:00 o'clock 
A. M. and such parties will thereupon be heard as rule nisi respondents. 

By order of the Commission. 

This 8th day of September, 1949. 

Myrtha Fleming, Chief Glerk 
(SEAL) 



22 N. C. Utilities Commission 

DOCKET NO. B-114 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 
In the Matter of 



Filing and Posting Tariffs of Rates, Fares 
or Charges for Charter Party Service. 



TO SHOW CAUSE 
OF OPPORTUNITY 
ORDER & NOTICE 
It appearing by the terms of Section 10, (9) Bus Act of 1949, that 
certificated common carriers of passengers by motor vehicle may operate 
if they so choose, so-called charter service trips originating on their 
respective authorized routes or in the territory served by such routes 
when a group of persons who, pursuant to a common purpose and under 
a single arrangement have acquired the exclusive use of a passenger 
carrying motor vehicle to travel together as a group to a specified 
destination or for a particular itinerary, either agreed upon in advance 
or subject to modification after having left the origin point. 

In considering the statutory provisions cited above with reference to 
other sections of the same act respecting fares and charges, and the filing 
and posting of tariffs; the Commission is of the opinion and so holds that 
common carriers of passengers by motor vehicle may not lawfully engage 
in charter operations until a tariff has been filed which clearly sets out 
the charges to be made for charter service and regulations governing 
such sevice, said tariff to be filed under the statutory provisions of the 
act and the Rules and Regulations Governing the Construction, Filing 
and Posting of tariffs, adopted March 30, 1945, and which Tariff Rules 
and Regulations are to remain in full force and effect until modified or 
revised under the provisions of The Bus Act of 1949. Therefore, 

. IT IS ORDERED, That a copy of this order and notice be served forth- 
with on the parties as set out in the appendix hereto and in the event a 
carrier or carriers desire an opportunity to show cause, if any there be, 
why the filing of a traiff as herein provided should not be required as a 
condition precedent to lawful operations in charter service on and after 
October 1, 1949, then in that event a representative of such carriers may 
request a time during normal hours for hearing and such time will be 
granted whereupon such party or parties will be heard at the Commis- 
sion's offices in Raleigh as rule nisi respondents. 

• By order of the Commission. 

This 8th day of September, 1949. 

Myrtha Fleming, Chief Clerk 

(SEAL) 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
Transportation of Materials for Use in / GENERAL ORDER 

Highway Construction and Repair. \ DOCKET NO. 4066-E 



Decisions and Adjustments of Complaints 23 

The Commission takes note of the highway construction program of 
the State which includes the construction of 2,295 miles of highway for 
which contracts have already been approved and awarded by the State 
Highway and Public Works Commission and its plans to award contracts 
for additional highway construction of from 400 to 500 miles each month 
for the next six months, in addition to repair and resurfacing of exisiting 
highways, all of which will require the transportation by truck of large 
quantities of rock, gravel, sand, cement, concrete, asphalt and other 
materials for use in such highway construction and repair. 

The Commission further takes note of the lack of equipment and 
facilities of regulated motor carriers to adequately meet the unpre- 
cedented demand for the transportation of such materials to the different 
areas of the State within the time required, and it further takes note of 
its power and duties under the provisions of Section 17 of the North 
Carolina Truck Act, the emergency that has arisen and will continue for 
want of adequate transportation of such materials by existing regulated 
carriers, the interest of the State and its citizens in expediting said 
highway construction program, and the probability of its undue delay 
unless relief, within the power of the Commission, is given authorizing 
any and all owners of duly licensed trucks, whether such owners hold 
certificates or permits or not, to engage in the transportation of such 
materials. After careful consideration, and to the end that road work 
may go forward with all possible dispatch: 

IT IS HEREBY ORDERED that any and all owners of duly licensed 
trucks, whether holders of certificates or permits or not, be, and they 
are hereby authorized to transport throughout the State rock, gravel, 
sand, cement, concrete, asphalt and other materials for use in highway 
construction and repair, the authority herein granted to cease and 
determine by further orders of the Commission upon notice from the 
State Highway and Public Works Commission that such emergency 
authority is no longer required. 

Issued by order op the Commission. 

This 11th day of May, 1950. 

The North Carolina Utilities Commission 

Myetha Fleming, Chief Clerk 

(SEAL) 



DIVISION OF 
MOTOR FREIGHT TRANSPORTATION 



MOTOR CARRIERS OF PROPERTY 
JANUARY 1. 1949 TO JUNE 30, 1950 

Docket No. Name and Address of Carrier Certificate Permit No. 

T-183 A. & E. Truck Line, Battleboro C-60 

T-606 Abernathy, Clyde W., Lincolnton C-484 

T-102 Acme Transportation, Inc., Charlotte C-61 

T-560 Adcock, Jimmie, Varina C-477 

T-209 Akers Motor Lines, Inc., Gastonia C-62 

T-263 Alexander Trucking Company, Davidson C-63 

T-9 Allen Asheville Transfer & Storage Co., Asheville C-64 

T-397 Allen's Transfer Company, Louisburg C-28 
T-82, 

Sub 2 American Furniture Carrier, High Point C-254 

T-184 Anderson Transfer Company, Asheville C-65 

T-26 Anderson Truck Line, Lenoir C-66 

T-325 Andrews Brothers, Siler City C-67 

T-153 Anson County Transportation Co., Inc., Wadesboro C-68 

T-264 Anson Motor Lines, Wadesboro C-69 

T-51 Apex Motor Lines, Apex C-70 

T-326 Arrowood Transfer Company, Gastonia C-71 

T-394 Associated Petroleum Carriers, Spartanburg, S. C. C-390 

T-399 Atkins, Harold, Gary C-73 

T-400 Atkins, D. P., Troy C-74 

R-1 Atlantic Coast Line Railroad Co., Wilmington R-1 

T-540 Austin-Ogburn Cotton Company, Inc., Smithfield T-42 

T-643 Autrey Brothers Service Station, Stedman C-501 

T-20 Aycock, Vernon S., Fremont C-75 

T-327 Ayscue Truck Line, Louisburg C-76 

T-401 B. & B. Transfer Company, Inc., Winston-Salem C-294 

T-118 B. & C. Trucking Company, Lenoir C-81 

T-640 B. & L. Trucking Company, Albemarle C-499 

T-487 B. & M. Transfer Company, Charlotte P-41 

T-267 B. & M. Transportation Company, Lenoir C-80 

T-66 B. & P. Motor Lines, Hazelwood C-440 

T-403 Baldwin, Algie, Charlotte P-1 

T-328 Bankett, John C, Salisbury C-77 

T-268 Barker's Transfer, Reidsville C-78 

T-269 Barnes Food Express, Charlotte C-79 

T-404 Barnes Truck Line, Wilson C-29 

T-329 Barnes, W. T., Moncure P-2 

T-577 Batts, Earnest, Beulaville C-469 

T-87 Batts Transfer, Greensboro C-82 

T-270 Baxley Transfer, Rockingham C-83 

T-405 Beachum's Transfer, Wadesboro C-85 

T-271 Beard-Laney, Inc., Camden. South Carolina C-86 

T-649 Beaufort & Morehead Railroad Co., Beaufort R-7 

T-330 Beaver Transfer Company, Lenoir C-87 

T-30 Beck, Benjamin N., Thomasville P-4 

T-242 Beckwith, E. C, New Hill P-44 



28 N. C. Utilities Commission 

T-564 Belangia, Hugh, Arapahoe C-447 

T-91 Bell, Alice, Jackson C-89 

T-406 Bell Truck Line, Kinston C-90 

T-272 Best Transfer, Whiteville C-91 

T-282 Best Transfer Company, Turkey C-419 

T-210 Berry and Decker Transfer, Hildebran C-92 

T-623 Beverly, F. G., & Co., New Bern C-493 

T-331 Billings Transfer, North Wilkesboro C-93 

T-273 Billings Transfer Corporation, Inc., Lexington C-94 

T-274 Biltmore Transfer Company, Asheville P-5 

T-243 Black's Motor Express, Wilmington C-11 

Blair Transit Company, Richmond, Virginia C-30 

T-407 Blue Ridge Trucking Company, Asheville C-19 

T-36 Bogue Transport, Fremont C-95 

T-24 Boone, The A. G., Company, Atlanta, Georgia P-7 

T-244 Boone, D. L., Jackson C-96 

T-277 Bottoms-Fiske Truck Lines, Inc., High Point C-97 

T-408 Bottoms, J. B., Transfer Company, High Point C-98 

T-67 Bounous, Miss Giustina, Connelly Springs C-99 

T-556 Bracey, R. L., Rowland C-445 

T-278 Branch's Transfer, Lumberton C-31 

T-18 Brandon, W. Clyde, Winston-Salem P-8 

T-279 Brewer, Selby, Wilson C-101 

T-410 Bridges Transfer, Rowland C-102 

T-21 Bridges Trucking Company, Shelby C-103 

T-511 Bright Belt Motor Lines, Grifton C-104 

T-280 Britt, Lacy D., Lumberton C-105 

T-137 Britt Transportation Company, Rocky Mount C-32 

T-162 Brown Transit Company, Conover C-106 

T-43 Brown Charles T., Truck Lines, Greensboro C-107 

T-85 Brown, W. G., Gastonia C-108 

T-591 Brown, Wayne Vernon, Raleigh , C-461 

T-505 Bryan, D. L., Charlotte C-437 

T-572 Buchanan, Vernon, Sanford C-451 

T-673 Buckner Transfer Company, Asheville C-12 

T-625 Burcham, William Edward, Durham C-494 

T-225 Burns, Bobby, Inc., Sanford C-109 

T-226 Burton Lines, Inc., Reidsville C-33 

T-674 Bush Transfer Inc., Lenoir C-18 

T-163 Butler, W. L., Transfer, Elizabethtown C-110 

T-281 Byrd Motor Line, High Point C-112 

T-233 C. & N. Transport Company, Wilmington C-113 

T-675 C. & S. Motor Express Company, North Wilkesboro C-17 

T-187 C. & S. Transport Company, Wilmington C-114 

T-333 Callahan Transfer, Forest City C-442 

T-79 Candler, W. R., Transfer Company, Asheville C-115 

T-92 Carolina Delivery Service Company, Inc., Charlotte C-116 

T-211 Carolina Freight Carriers Corporation, Cherry ville C-117 

T-56 Carolina Storage & Distributing Company, Raleigh C-118 

T-620 Carolina Transfer, Concord C-491 



Decisions and Adjustments of Complaints 29 

T-541 Carpenter Trucking Company, Charlotte P-9 

T-412 Carroll's Transfer, Dublin C-120 

T-611 Carter, J. A., Goldsboro P-51 

T-232 Carter, Robahlee, Reidsville C-121 

T-670 Carthage Transportation Company, Carthage C-518 

T-283 Case Trucking Company, Charlotte C-122 

T-32 Caustic Soda Transportation Company, Asheville P-10 

T-262 Central Motor Lines, Inc., Kannapolis C-124 

T-414 Chafin Transfer Company, High Point C-125 

T-212 Champion Storage and Trucking Company, Inc., 

Greensboro C-126 
T-415 Charles, H. H., Stokesdale C-486 
T-25 Childress Transportation Company, Sanford C-127 
T-52 Church Motor Lines, Charlotte C-128 
T-68 Citizens Express Inc., Asheville C-129 
T-508 City Coal and Tire Company, New Bern C-130 
T-146 City Transfer & Storage Company, High Point C-131 
T-336 Clay's Transfer Company, Rocky Mount C-34 
T-213 Clayton Motor Lines, Inc., Roxboro C-35 
T-676 Coastal Freight Lines, Inc., Elizabeth City C-59 
T-214 Coastal Transport, Inc., Goldsboro C-132 
T-653 Cochran, J. O., Charlotte C-504 
T-548 Cole, M. C, Candor C-432 
T-618 Coleman, Clyde L., Norlina C-496 
T-337 Collins Transfer & Storage, Lumberton C-36 
T-203 Collins, ZoUie A., Truck Line, Kinston C-133 
T-227 Colonial Motor Freight Lines, Inc., High Point C-10 
T-188 Colonial Transport, Inc., Wilmington C-134 
T-58 Coltrain, Tilman R., Williamston C-135 
T-201 Comer, A. F., Transport Service, Rocky Mount C-136 
T-93 Cooke, C. S., Murfreesboro C-137 
T-417 Couch, J. R., Durham P-11 
T-80 Counts Transfer Company, Gastonia C-138 
T-418 Craft, R. W., Winston-Salem P-55 
T-245 Cromartie Transport Company, Wilmington C-140 
T-239 Cruse Transfer Company, Concord C-141 
T-420 Cunningham, J. R., Apex P-12 
T-76 D. & L. Motor Line, Greensboro C-142 
Danville and Durham Motor Freight Lines, 
Danville, Virginia C-4 
(Leased to Hennis Freight Lines, Winston-Salem) 
T-421 Davenport Brothers, Tarboro C-144 
T-183, Sub 1 Davenport Motor Express, Battleboro C-60 
T-699 Davis, F. E., Raleigh C-521 
T-422 Davis Transportation Company, New Bern C-145 
T-22 Dedmon, A. V., Trucking Company, Shelby C-146 
T-284 DeHart Brothers Trucking Company, Hickory C-147 
T-31 Dickson Transfer Company, Salisbury C-148 
T-JHO Disher Transfer and Storage Company, Winston- 
Salem C-149 



30 N. C. Utilities Commission 

T-285 Dixie Storage & Distributing Company, Inc., 

Rocky Mount C-151 

T-604, Sub 1 Dotson, H. W., Winston-Salem C-481 

T-77 Dove's Transfer, Bladenboro C-152 

T-287 Dowless Transfer, Dublin C-153 

T-61 Dowless, T. C, Transfer, Bladenboro C-154 

T-341 Drake's Transfer, Charlotte C-155 

T-342 Dumas-Giddens Oil Company, Inc., Goldsboro C-156 

T-343 Duncan, Ulysses, Hamlet C-157 

T-424 Dunn, J. H., Jr., Scotland Neck C-158 

T-28 Dupree, A. R., Transfer, Tarboro C-159 

T-114 Eastern Oil Transport, Wilmington C-161 

T-489 Eastern Transit Storage Company, Charlotte C-441 

T-246 Eaves Transfer Company, Charlotte C-162 

T-70 Edmac Trucking Company, Inc., Fayetteville CP-2 

T-136 Eggleston Oil Transport Company, Reidsville C-163 

T-561 Edwards, James M., Roseboro C-446 

T-189 Elkins, O. J., Transfer, Greensboro C-165 

T-344 Elmore, J. H., Dunn C-166 

T-512 English, John W., Burnsville C-167 

T-345 Evans, D. P., Henderson C-168 

T-346 Evans & Oakley Transfer, Service, Tarboro C-169 

T-138 Everett Motor Line, Conetoe C-170 

T-27 Everett, Woodrow, Washington C-417 

T-229 Fairclothe, Herman R., Jr., Merry Oaks C-171 

T-678 Federal Motor Express, Mount Airy C-16 

T-288 Fisher's Transfer, Charlotte C-173 

T-594 Fishel, Wilham Austin, Winston-Salem P-45 

T-60 Fleming-Shaw Transfer Company, Greensboro C-174 

T-108 Fletcher & Mauney Truck Line, West End P-13 

T-98 Flippin, Coy, Pilot Mountain C-15 

T-247 Forbes Transfer Company, The, Wilson C-38 

T-248 Fountain Oil Company, Inc., Wilmington C-175 

T-534 Foust Brothers, Lexington C-423 

T-72 Fowler, M. M., Durham C-176 

T-165 Fowler, R. D. Motor Lines, Inc., High Point C-177 

T-16 Fox Transfer Company, Gastonia C-178 

T-166 Fraley's Motor Express, Greensboro C-179 

T-119 Fred's Truck Line, Winfall C-180 

T-645 Fredrickson Motor Express Corporation, Charlotte C-1 

T-492 Freeman, George V., Washington C-181 

T-493 Frye, Richard, Manly C-182 

T-347 Furniture City Motor Lines, High Point C-183 

T-249 G. & H. Transit Company, Inc., Charlotte P-14 

T-349 G. & M. Transit Company, Inc., Statesville C-184 

T-348 G. & M. Service Company, Statesville P-15 

T-111 Garner, A. C, Pleasant Garden C-185 

T-38 Garner, James O., Southport P-16 

T-167 Garrett Transfer Company, Winston-Salem C-186 



Decisions and Adjustments of Complaints 



31 



T-168 Gaskey Transfer Company, Salisbury 

Georgia-Carolina Freight Lines, Murphy 

T-453, Sub 1 Gibbs-Wood Transport Company, Raleigh 

T-680 Goldston Motor Express Inc., Spray 

T-125 Goldston Transfer, Leaksville 

T-290 Gray Trucking Company, Gastonia 

T-637 Great Southern Trucking Company, Charlotte 

T-104 Green, L. F., Transfer, Greensboro 

T-157 Greene Transport Service, Inc., Fayetteville 

T-557 Gresham, Sam T., Jr., Wilmington 

T-250 Griffin-Grist Transfer Co., Charlotte 

T-352 Grimes, Alton E., Robersonville 

T-428 Grubb Motor Lines, Inc., Lexington 

T-291 Guilford Petroleum Transportation, Guilford 
College 

T-139 H. & L. Transportation, Greensboro 

T-527 Hampton, Fred, Sparta 

T-429 Hardy's Transfer, Farmville 

T-294 Hargrove, Albert Roscoe, Weldon 

T-292 Hargrove, W. R., Weldon 

T-120 Harp Transfer Company, Battleboro 

T-215 Harrell, J. J. Transfer, Burlington 

T-353 Harrell Truck Line, Burgaw 

T-354 Harvey's Transfer, Guilford 

T-535 Hatcher, E. H., Laurinburg 

T-128 Hawkins, Neal Transfer Company, Inc., Gastonia 

T-251 Hearn, C. F., New Hill 

T-252 Hearn, T. H., New Hill 

T-431 Heath, J. R., Acme 

T-681 Helms Motor Express, Albemarle 

T-522 Helms Transfer Company, Monroe 

T-682 Henderson Bonded Lines, Henderson 

T-355 Henderson Motor Express, Henderson 

T-169 Henley, Carl, Landis 

T-293 Henry, C. S., Transfer, Rocky Mount 

T-356 Herron, Martin F., Asheville 

T-81 Hester's Transfer, Bladenboro 

T-605 Hicks, L. R., Shelby 

T-510 Hildreth, George H., Wadesboro 

T-357 Hill, Fred C, Motor Transport, Albemarle 

T-204 Hill, J. T., Transfer, Fairmont 

T-140 Hill's Truck Line, Murfreesboro 

T-48 Hilliard, H. D., Climax 

T-200 Hinson Transport Company, Wilmington 

T-170 Hoard, J. C, Tarboro 

T-433 Hobby Transfer & Storage Company, Raleigh 

T-141 Hoffler & Boney Transfer Company, Inc., Wallace 

T-358 Holland, W. A., Smithfield 

T-142 Holland Transfer Company, Statesville 

T-190 Holt Brothers Transfer, Greensboro 



C-187 
C-22 
C-422 
C-7 



189 
190 



191 
192 
475 
C-194 
C-195 
C-196 



197 
198 
452 
39 
505 
429 
199 
200 
201 
202 
479 
203 
204 
205 
206 
3 

C-414 
C-40 
C-27 
P-17 
C-207 
C-427 
C-208 
C-480 
P-18 
C-209 
C-210 
C-41 
C-211 
C-212 
C-455 
C-213 
C-42 
C-214 
C-215 
C-216 



32 N. C. Utilities Commission 

T-94 Honeycutt, J. B., Lucama C-217 
T-359 Hopkins, Ambrose B., Jr., Columbia C-218 
T-295 Hopkins, S. G., Draper C-418 
T-73 Hopper Brothers, Inc., Leaksville C-219 
T-144 Home, C. A., Wilmington C-220 
T-62 Howell Transfer Company, Shelby C-221 
T-145 Huffman, P. T., Transfer, Greensboro C-222 
T-361 Humphrey, Lloyd, Kinston C-223 
T-434 Humphreys Transfer, High Point C-224 
T-621 Huneycutt, J. W., Wadesboro C-492 
T-235 Hunsucker, L. L., & Son, Newton C-416 
T-604, Sub 2 Hutchens, Charlie F., Boonville C-481 
T-23 Hyder, Clay, Trucking Line, Hendersonville C-225 
T-538 Inman's Transfer, Rowland C-425 
T-435 J. & L. Transport Company, Wilmington P-19 
T-587 J. & M. Trucking Company, Charlotte C-467 
T-362 Jackson, Gus, Black Mountain C-226 
T-171 Jackson, J. J., Transfer Company, Winston- 
Salem C-227 
T-74 Jackson Truck Lines, Inc., Jackson C-228 
T-568 James, Vernon G., Elizabeth City C-476 
T-123 Jenkins, J. W. Sons & Co., Henderson C-229 
T-351, Sub 1 Jenrette Transport Company, Raleigh C-193 
T-296 Jocie Motor Lines, Inc., Charlotte C-231 
T-437 Johnson & Sons, Fuquay Springs C-232 
T-504 Johnson, Bruce Trucking Company, Charlotte C-485 
T-580 Johnson, Frank M., Conway C-456 
T-518 Johnson, J. B., Belmont C-233 
T-298 Johnson, J. L., Elizabethtown C-234 
T-297 Johnson, J. S., Dunn P-57 
T-299 Johnson's Motor Service, Hamlet C-236 
T-205 Jones & Minor, Reidsville C-237 
T-438 Jones, Henderson, Jr., Hillsboro C-473 
T-7 Jones, S. T., Rocky Mount C-238 
T-146 Jones Transfer, Fairmont C-43 
T-502 Jourdan Transfer, Inc., Durham C-240 
T-12 Joyner, Herman, Farmville C-241 
T-49 Joyner Oil Transport, Inc., Rocky Mount P-21 
T-122 Joyner Trucking Company, Woodland C-242 
T-363 Jurgensen Motor Transfer, Wilmington CP-1 
T-113 K. & Y., Motor Lines, Fletcher C-243 
T-614 Kearney, Walter H., Warrenton C-488 
T-364 Keith Motor Lines, Inc., Sanford C-244 
T-127 Kenan Oil Company, Durham C-245 
T-365 Kilgo Transfer Company, Inc., Charlotte C-246 
T-592 Kilpatrick, George, Dover C-462 
T-641 Kimrey, Claud R., Albemarle C-500 
T-63 Kindley Brothers, Bryson City P-22 
T-109 Kittrell, J. B. & Co., Greenville C-247 
T-95 Lancaster, Charles H., Goldsboro C-248 



I 



Decisions and Adjustments of Complaints 33 

R-2 Laurinburg & Southern Railroad Company, 

Laurinburg R-2 

T-442 Lawndale Railway & Industrial Company, 

Lawndale R-3 

T-525 Leary Brothers Storage Company, Edenton C-249 

T-607 Lemonds, Walter L., Biscoe C-483 

T-41 Lenoir Transfer Company, Lenoir C-250 

T-380, Sub 1 Lenoir Transport, Kinston C-317 

T-443 Leviner Transfer, Lumberton C-251 

T-569 Lineberger-Burgin, Inc., Lincolnton C-438 

T-34 Lipe Motor Lines, Hickory C-25 

T-646 Littleton Trucking Company, Inc., Littleton C-502 

T-10 Lockridge Transfer, Kings Mountain C-252 

T-147 Loftin, F. T., Troutman C-253 

T-82 Loftin, R. G., Transfer, High Point C-254 

T-683 Lorbacher, J. L., Durham C-44 

T-444 Lowther Trucking Company, Rock Hill, South 

Carolina C-256 

T-89 Mac's Transfer, Charlotte C-257 

T-624 McAdams, Eugene F., Jr., Durham P-52 

T-116 McBride, R. N. and W. H., Spray C-258 

T-448 McCotter Trucking Company, Washington C-259 

T-613 McCoy's Transfer, Durham C-487 

T-496 McCrary Transfer Service, Asheville C-260 

T-253 McDaniel's Transfer, Elizabethtown C-261 

T-173 McGugan, J. G., Jr., Red Springs C-262 

T-446 McKenzie, Decoster, Salemburg C-263 

T-106 McLean Trucking Company, Inc., Winston-Salem C-264 

T-449 McPherson, G. A., Greensboro C-266 

T-450 McPherson, J. D., Greensboro C-267 

T-216 McRae, Ned, Laurinburg C-268 

T-578 M. & S. Transport, Raleigh C-466 

T-586 Macon, Joseph L., Raleigh C-463 

T-172 Mann, Leroy, Gastonia C-269 

T-445 Manning's Truck Line, Williamston C-270 

T-82, Sub 1 Martin Motor Line, High Point C-254 

T-495 Marley Brothers, Burlington C-271 

T-148 Marrow, Arthaniel, Henderson C-272 

T-366 Martin, J. E., & Son Transfer Company, Charlotte C-273 

T-149 Maybelle Transport Company, Inc., Lexington C-274 

T-451 Merchants Delivery Service, High Point P-24 

T-367 Merchants Delivery Service, Raleigh C-275 

T-368 Mid-State Delivery Service, Burlington P-25 

T-452 Miller D. V., Trucking Company, High Point C-276 

T-206 Miller H. W., Trucking Company, West Durham C-45 

T-652 Miller Motor Express, Inc., Charlotte C-5 

T-453 Moore, Joseph A., Goldsboro C-422 

T-99 Moore, R. N., Cleveland P-26 

T-302 Morgan Trucking Company, Charlotte C-277 

T-303 Moss Trucking Company, Inc., Charlotte C-278 



34 N. C. Utilities Commission 

T-608 Mouchet Trucking Company, Charlotte C-482 

T-426, Sub 1 Mount Olive Motor Lines, Inc., Mount Olive C-172 

T-350 Murray Transfer Company, Wilmington C-279 

T-90 Murrow's Transfer, Inc., High Point C-280 

T-369 Musgrave, J. I., Goldsboro C-281 

T-304 Nance, C. L., Transfer, Whiteville C-282 

T-513 Naylor, Cleadous, Dunn C-283 

T-129 Neece, E. R., Climax C-284 

T-3, Sub 2 New Dixie Lines, Inc., Richmond, Virginia C-472 

T-8 Newman Brothers Trucking Company, Leaksville C-285 

T-130 Nix, Clarence, Marshall C-286 

T-207 Nixon Brothers Transfer, Smithfield C-46 

T-158 Nolen Trucking Service, Gastonia C-287 

T-17 Nordan Transportation Company, Raleigh P-27 

T-684 Norfolk Southern Bus Corporation, Norfolk, 

Virginia C-450 

R-4 Norfolk Southern Railway Company, Norfolk, 

Virginia R-4 

T-305 North State Motor Lines, Rocky Mount C-47 

T-370 North State Transport, Raleigh C-288 

T-131 Nunn's Transfer, Greenville C-48 

T-346 Oakly Transfer Service, Tarboro C-169 

T-107 Observer Transportation Company, The, Charlotte C-289 

T-159 Odell Truck Lines, Spray C-415 

T-110 Overcash Transfer, Charlotte P-28 

T-600 Overman, R. C, Jr., Liberty C-497 

T-208 Overnite Transportation Company, Richmond, 

Virginia C-6 

T-371 Owens, W. W., Shiloh C-448 

T-634 Page, Ira, H., Durham P-67 

T-191 Pait's Transfer, Bladenboro C-24 

T-500 Palmer, John H., Trucking Company, Polkville C-420 

T-254 Parker, A. B., Raleigh C-291 

T-372 Parker, B. S., Raleigh C-292 

T-50 Parks, Charles, Transfer Company, Greensboro C-295 

T-151 Parmenter Transport Company, Wilmington C-296 

T-589 Parrish Oil Company, Benson P-46 

T-193 Pate Transfer, Clinton C-297 

T-373 Paul's Transfer, Kinston C-298 

T-374 Perry's Transfer Company, Raleigh C-299 

T-176 Peterson, W. E., Elizabethtown C-300 

T-152 Petroleum Carrier Corporation, Jacksonville, 

Florida P-29 

T-307 Petroleum Transit Company, Lumberton C-301 

T-132 Petroleum Transportation, Inc., Gastonia C-302 

T-456 Phillips, Owen, Bear Creek P-54 

T-376 Phillips Transfer, Cameron P-56 

T-685 Piedmont Mountain Freight Lines, Inc., North 

Wilkesboro C-23 



Decisions and Adjustments of Complaints 35 

T-375 Piedmont Trucking Company, Asheboro, Leased 

to Piedmont-Carolina Lines, Inc. C-9 

T-192 Pilot Freight Carriers, Inc., Winston-Salem C-303 

T-105 Pinnell, J. K., Warrenton C-49 

T-377 Pomona-Terra Cotta Company, Pomona C-304 

T-457 Poole, J. W., Kinston C-305 

T-156 Pope Brothers Truck Line, Battleboro C-306 

T-177 Poteat, Woodrow W., Hickory C-59 

T-617 Powell, Willie, Whitakers C-490 

T-308 Power Oil Company, Greensboro C-307 

T-217 Prince, L. G., Fuquay Springs C-309 

T-622 Public Oil Company, Statesville P-48 

T-459 Quality Oil Transport, Winston-Salem C-310 

T-174 R. & J. Transport, Winston-Salem C-311 

T-309 R. & M. Transit, Charlotte P-30 

T-378 R. & M. Transit Company, Wilmington C-312 

T-379 R. & W. Motor Lines, Inc., Charlotte C-313 

T-464 R. & W. Transfer, Henderson C-327 

T-96 Raeford Trucking Company, Raeford C-314 

R-5 Railway Express Agency, Inc., Atlanta, Georgia R-5 

T-153, Sub 1 Ratliff & Ratliff Inc., Wadesboro C-68 

T-194 Ray, W. G., and Son, Inc., Burlington C-315 

T-380 Rayner Transport, Kinston C-317 

T-40 Raynor, J. D., Wilmington C-316 

T-460 Reaves, W. T., Fayetteville C-318 

T-160 Reliable Transport, Inc., Raleigh C-319 

T-686 Renfro Transport Company, Wendell C-50 

T-426, Sub 2 Ricks Motor Lines, Selma C-172 

T-lOO Riley, J. K, Raeford C-321 

T-313, Sub 2 Roanoke Freight Lines, Inc., Weldon C-336 

T-462 Rogers Oil Company, Raleigh C-322 

T-650 Romance Oil Company, Taylorsville P-60 

T-498 Roney, W. C, Burlington C-324 

T-196 Rose, T. W., Transfer Company, Elkin C-325 

T-463 Rouse, A. M., Dunn C-326 

T-311 Royster Transport Company, Inc., Shelby C-328 

T-44 Rudisill, G. W., Greensboro C-329 

T-381 Russell Transfer Company, Charlotte C-330 

T-521 Russell, J. W., Raleigh P-31 

T-382 S. & L. Transfer Company, Kinston C-331 

T-465 S. & S. Transit, Charlotte C-332 

T-312 S. & S. Trucking Company, Greensboro C-333 

T-466 S. & W. Motor Lines, Greensboro C-334 

T-467 Sadler Trucking Company, Charlotte C-335 

T-313 Safety Transportation Corporation, Weldon C-336 

T-529 Samuel, Fred, Mount Airy C-430 

T-551 Satterfield, Drum Wright, Varina C-434 

R-6 Seaboard Air Line Railroad Company, Norfolk, Va. R-6 

T-115 Sears Brothers Motor Lines, Greensboro C-337 

T-552 Sellers Transfer, Rowland C-436 



36 N. C. Utilities Commission 

T-576 Senter, John E., Lincolnton C-464 

T-121 Service Distributing Company, Inc., Albemarle C-338 

T-255 Service Transportation Corporation, Salisbury C-339 

T-236 Shaw, L. Roy, Salisbury C-342 

T-256 Shaw Transfer Company, Salisbury C-343 

T-570 Shidal, Ralph B., Lincolnton C-465 

T-222, Sub 1 Shippers Express, Inc., Charlotte C-388 

T-687 Silver Fleet Motor Express, Inc., Louisville, 

Kentucky C-21 

T-469 Simpson, A. C, Transfer, Burlington C-344 

T-314 Simpson, W. F., Greensboro C-345 

T-615 Smith, Harold and Young, Kenneth, Marion C-489 

T-155 Smith, J. P., Whiteville C-346 

T-470 Smith Transfer, Wilson C-51 

T-384 O. A. Smith, Jr., Reidsville C-347 

T-385 Sneed, Archie, Sr., Candor C-348 

T-197 Sockwell, J. B., McLeansville C-349 

T-386 South Atlantic Bonded Warehouse Corporation, 

Greensboro CP-3 

T-186 Southern Freight Lines, North Wilkesboro C-20 

T-202 Southern Oil Transportation Company, 

Inc., High Point C-351 

T-472 Southern Spindle & Flyer Company, Inc., Charlotte C-352 

T-35 Southern Storage and Distributing Company, 

Durham C-353 

T-473 Spencer, Carley I., Columbia C-354 

T-474 Sprinkle & Allen Transfer Co., Inc., Louisburg C-52 

T-39 Spruill, W. C, Washington C-355 

T-619 Standard Trucking Company, Inc., Asheville P-58 

T-315 Standard Warehouse & Trucking Company, 

Charlotte C-356 

T-57 Stanton, E. M. Transfer, Raleigh P-32 

T-83 Star Oil Company, Inc., Wilmington C-357 

T-632 Stegall Milling Company, Marshville C-478 

T-388 Stevens, I. J. & Sons, Wilmington C-358 

T-2 Stokes, John Y., Mount Airy P-33 

T-596 Strickland, Jasper, Clinton C-471 

T-317 Strickland, Transfer, Clinton C-359 

T-19 Sugg, S. William, Snow Hill C-360 

T-387 Sumner's Truck Line, Elizabeth City C-361 

T-237 Superior Petroleum and Fuel Company, Inc. 

Newton C-362 

T-597 Sutton, T. O., Mann's Harbor C-453 

T-133 Sutton's Transfer, Lumberton C-363 

T-536 Swain Motor Freight Lines, Bryson City C-498 

T-69 Swann, A. D., Yanceyville C-53 

T-1 Tallant Transfer Company, Inc., Hickory C-364 

T-598 Talley, W. G., Oxford C-468 

T-64 Tatum-Dalton Transfer Company, Inc., Greensboro C-365 

T-178 Tayloe & Evans, Inc., Ahoskie C-54 



Decisions and Adjustments of Complaints 



37 



T-84 Taylor Transfer, Greenville 

T-117 Terminal City Oil Company, Wilmington 

T-477 Terminal Trucking Company, Concord 

T-162 Terrell, A. E., Greensboro 

T-219 Textile Bonded Warehouse, Inc., Gastonia 

T-258 Textile Motor Freight, Laurinburg 

T-318 Thackston, W. C, Asheville 

T-631 Thomas, Norman, Broadway 

T-319 Thomas, S. J., Transfer, Burlington 

T-230 Thompson, Charles H., Jr., Merry Oaks 

T-478 Thompson, Leo, Dublin 

T-479, Sub 1 Thurston Motor Lines, Inc., Wilson 

T-480 Thurston Motor Lines, Inc., Wilson 

T-380, Sub 2 Tidewater Transit Co., Inc., Kinston 

T-582 Tillery, J. T., Conway 

T-15 Torrence, C. W., Davidson 

Transport Corporation, Blackstone, Virginia 

T-6 Travelers Oil Transport, Winston-Salem 

T-514 Trawick William David, Willow Springs 

T-180 Trucking Service, Granite Falls 

T-391 Turner Transfer, Inc., Greensboro 

T-392 Twin States Express, Inc., Charlotte 

T-220 Union Coach Company, Monroe 

T-221 Union Storage & Warehouse Company, Inc., 

Charlotte 

T-231 Union Transfer Company, Asheville 

T-515 Utley, J. L., Apex 

T-29 Vance Trucking Company, Inc., Henderson 

T-33 Vandiford, James, Greenville 

T-583 Vaughan, B. B., Conway 

T-238 Vick's Truck Line, Woodland 

T-320 W. & J. Transit Company, Thomasville 

T-259 Waccamaw Oil Transport Company, Wilmington 

T-45 Wall, Wade F., Trucking Company, Greensboro 

T-222 Wadesboro Motor Lines, Inc., Charlotte 

T-481 Wainwright, S. R., Farmville 

T-393 Wallace Bonded Trucks, Inc., Robersonville 

T-6 16 Walters, B. H., Marsh ville 

T-394 War Emergency Cooperative Association, Spartan- 
burg, South Carolina 

T-482 Warlick Trucking Company, Kings Mountain 

T-584 Warren, Edgar, Conway 

T-260 Warren's Transfer, Raleigh 

T-135 Washburn Oil Company, Inc., High Point 

T-261 Washington Transfer Company, Washington 

T-660 Watson Transportation Company, Kenly 
T-612, Sub 1 Wayne Trucking Company, Goldsboro 

T-516 Weathers Brothers Transfer Company, Inc., 
Charlotte 



C-366 


C-367 


C-368 


C-369 


C-370 


C-371 


P-34 


P-53 


C-372 


C-373 


C-374 


C-2 


C-26 


C-317 


C-457 


P-35 


C-55 


C-375 


P-36 


C-428 


C-377 


C-378 


C-379 


C-380 


C-381 


C-382 


C-56 


C-383 


C-459 


C-384 


C-385 


C-386 


C-387 


C-388 


C-389 


C-57 


P-47 


C-390 


C-391 


C-458 


C-393 


C-394 


C-395 


P-62 


C-506 



C-396 



38 N. C. Utilities Commission 

T-537 Weeks, W. H., Enfield C-424 

T-483 West Transfer Company, Asheville P-37 

T-75 Wetherington, L. H., New Bern C-397 

T-597 Whaley, Kirby, Beaulaville C-470 

T-306 Whedbee Truck Line, Ahoskie C-293 

T-224 Whiite Transfer Company, Biltmore C-398 

T-321 White Transfer Company, Spindale P-38 

T-53 Whitley, M. C, Asheboro P-39 

T-549 Whittenton, M. M., Dunn C-433 

T-555 Whittenton Transfer, Dunn C-444 

T-65 Wicker, W. K., Pickup and Delivery C-399 

T-396 Widenhouse, A. C, Concord C-400 

T-46 Wilder, J. W., Transfer Company, Greensboro C-14 

T-484 Wile Transfer & Storage Company, Hendersonville C-401 

T-559 Willard, T. G., Winston-Salem P-43 

T-322 Williams, Howard M., Laurinburg C-403 

T-585 Williams, R. H., Richlands C-460 

T-199 Williams, W. A, Wilmington C-404 

T-323 Wilson, R. W., Yanceyville C-58 

T-54 Wilson Transfer Company, Inc., Gastonia C-405 

T-181 Winecoff Motor Lines, Inc., Concord C-407 

T-240 Winecoff Transfer Company, Concord C-408 

T-3 Winslow Trucker, Inc., Greensboro C-472 

T-689 Winston-Elkin Motor Express, Elkin C-13 

T-101 Wolfe's Transfer Company, Monroe C-409 

T-486 Wright Motor Lines, Asheville C-474 
T-241 Wyatt Transfer and Storage Company, Kannapolis C-410 

T-604 Yarborough, J. R., Winston-Salem C-481 

T-4 Young, J. T., Pine Hall P-40 

T-182 Young, J. W., Transfer, Charlotte C-411 

T-324 Youngblood, J. N., Truck Lines, Inc., Fletcher C-412 

T-124 Yount Transfer, Inc., Hickory C-143 

MOTOR CARRIERS OF PROPERTY JANUARY 1, 1949 TO JUNE 30, 
1950 CANCELLED. DISMISSED, REVOKED, AND WITHDRAWN 

Docket No. Name and Address of Carrier Certificate or Permit No. 
T-606 Abernathy, W. Clyde, Lincolnton, December 6, 1949 C-484 

T-560 Adcock, Jimmie, Varina, February 27, 1950 C-477 

T-264 Anson Motor Lines, Wadesboro, July 14, 1949 C-69 

T-326 Arrowood Transfer Company, Gastonia, February 28, 1950 C-71 
T-400 Atkins, T. P., Troy, March 4, 1949 C-74 

T-540 Austin-Ogburn Company, Inc., Smithfield, May 30, 1949 P-42 
T-85 Brown, W. G., Gastonia, April 3, 1950 C-108 

T-625 Burcham, William Edward, Durham, March 4, 1949 C-494 

T-415 Charles, H. H., Stokesdale, December 16, 1949 C-486 

T-416 City Transfer & Storage Company, High Point, 

February 1, 1949 C-131 

T-417 Couch, J. R., Durham, June 22, 1949 P-11 

T-420 Cunningham, J. R., Apex, December 1, 1949 P-12 



Decisions and Adjustments of Complaints 39 

T-341 Drake's Transfer Company, Charlotte, August 10, 1949 C-155 

T-512 English, John W., Burnsville, April 20, 1949 C-167 
T-108 Fletcher & Mauney Truck Line, West End, January 16, 1950 P-13 
T-347 Furniture City Motor Lines, High Point, September 20, 

1949 C-183 
T-349 G. & M. Motor Transfer Company, Inc., Statesville, 

January 18, 1950 C-184 

Georgia-Carolina Freight Lines, Murphy, August 22, 1949 C-22 

T-292 Hargrove, W. R., Weldon, April 6, 1950 C-429 

T-431 Heath, J. R., Acme, June 1, 1949 C-206 

T-204 Hill, J. T., Transfer, Fairmont, June 2, 1950 C-210 

T-170 Hoard, J. C, Tarboro, December 29, 1949 C-455 
T-433 Hobby Transfer & Storage Company, Raleigh, March 7, 

1949 C-213 

T-190 Holt Brothers Transfer, Greensboro, June 7, 1949 C-216 

T-434 Humphreys Transfer, High Point, January 25, 1949 C-224 

T-297 Johnson, J. S., Dunn, April 7, 1949 P-57 

T-12 Joyner, Herman, Farmville, January 29, 1949 C-241 

T-49 Joyner Oil Transport, Inc., Rocky Mount, June 7, 1949 P-21 
T-442 Lawndale Railway & Industrial Company, Lawndale, 

February 15, 1949 R-3 

T-443 Leviner Transfer, Lumberton, February 15, 1949 C-251 

T-89 Mac's Transfer, Charlotte, November 7, 1949 C-257 

T-496 McCrary Transfer Service, Asheville, March 4, 1949 C-260 

T-253 McDaniel's Transfer, Elizabethtown, February 27, 1950 C-261 

T-449 McPherson, G. A., Greensboro, June 5, 1950 C-266 

T-450 McPherson, J. D., Greensboro, December 19, 1949 C-267 
T-451 Merchants Delivery Service, High Point, November 

23, 1949 P-24 
T-452 Miller, D. V. Trucking Company, High Point, February 

4, 1949 C-276 

T-369 Musgrave, J. I., Goldsboro, February 13, 1950 C-281 

T-130 Nix, Clarence, Marshall, April 7, 1949 C-286 

T-370 North State Transport, Raleigh, August 2, 1949 C-288 

T-634 Page, Ira H., Durham, February 16, 1949 P-67 

T-176 Peterson, W. E., Elizabethtown, June 31, 1949 C-300 

T-456 Phillips, Owens, Bear Creek, February 16, 1949 P-54 

T-376 Phillips Transfer, Cameron, June 5, 1950 P-56 
T-377 Pomona Terra-Cotta Company, Pomona, November 23, 

1949 C-304 

T-617 Powell, Willie, Whitakers, December 29, 1949 C-490 

T-309 R. & M. Transit, Charlotte, December 15, 1949 P-30 

T-378 R. & M. Transit Company, Wilmington, August 24, 1949 C-312 

T-379 R. & W. Motor Lines, Inc., Charlotte, March 4, 1949 C-313 

T-464 R. & W. Transfer, Henderson, January 5, 1950 C-327 

T-lOO Riley, J. K., Raeford, May 12, 1940 C-321 
T-650 Romance Oil Company, Inc., Taylorsville, December 5, 

1949 P-60 

T-311 Royster Transport Company, Shelby, February 21, 1949 C-328 

T-467 Sadler Trucking Company, Charlotte, August 24, 1949 C-335 



40 N. C. Utilities Commission 

T-551 Satterfield, Drum Wright, Varina, July 20, 1949 C-434 

T-236 Shaw, L. Roy, Salisbury, June 24, 1949 C-342 

T-570 Shidal, Ralph B., Lincolnton, October 25, 1949 C-465 

T-469 Simpson, A. C, Transfer, Burlington, December 19, 1949 C-344 

T-197 Sockwell, J. B., McLeansville, January 31, 1950 C-349 

T-2 Stokes, John Y., Mount Airy, May 6, 1949 P-33 

T-598 Talley, W. G., Oxford, February 3, 1949 C-468 

T-112 Terrell, A. E., Greensboro, May 19, 1949 C-369 

T-180 Trucking Service, Granite Falls, May 31, 1949 C-428 

T-482 Warlick Trucking Company, Kings Mountain, June 21, 1950 C-391 

T-261 Washington Transfer Company, Washington, November 

21, 1949 C-395 

T-306 Whedbee Truck Line, Ahoskie, March 7, 1949 C-293 

T-484 Wile Transfer & Storage Company, Hendersonville, 

July 20, 1949 C-401 

T-199 Williams, W. A., Wilmington, June 1, 1950 C-404 

T-323 Wilson, R. W., Yanceyville, January 10, 1950 C-58 



FRANCHISE CERTIFICATES GRANTED 

DOCKET NO. T-102 

FINAL ORDER 

APPLICATION OF: Acme Transportation, Inc. 

2716 North Tryon Street 

Charlotte, North Carolina 
HEARD IN: Raleigh, North Carolina, on May 6, 1949 

BEFORE: Fred C. Hunter, Joshua S. James and Edward H. 

McMahan, Commissioners 

APPEARANCES: 

For the Applicant 

"William T. Hatch, Attorney at Law, Raleigh, N. C. 

For the Protestants 

I. M. Bailey and Ruffin Bailey, Attorneys at Law, Raleigh, N. C. 

Upon the call of the above application for hearing, the applicant 
offered in evidence the application, along with the exhibits thereto 
attached and made a part thereof, and rested. 

Counselor for Fredrickson Motor Express Corporation, Helms Motor 
Express and Miller Motor Express moved that the application be dis- 
missed, which motion was overruled and said protestants excepted. 
Protestants offered no testimony. 

Upon consideration of the application, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has: continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 



42 



N. C. Utilities Coivlmission 



(b) That a copy of the findings and order herein be mailed to the 
applicant and to counselor as appears of record for protestants, 
Fredrickson Motor Express Corporation, Helms Motor Express and 
Miller Motor Express; and that a certificate be issued to said applicant 
in accordance with the findings and order herein. 

Issued by order of the Commission. 

This 12th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 

Attest: 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-102 Acme Transportation, Inc., irregular route 
common carrier, Charlotte, North Carolina 



EXHIBIT B 



General commodities except those requiring 
special equipment. 



Irregular Routes 

From Charlotte to points and places in the 
counties of: Buncombe, Henderson, 
McDowell, Rutherford, Burke, Caldwell, 
Wilkes, Surry, Cleveland, Catawba, Alex- 
ander, Gaston, Lincoln, Iredell, Mecklen- 
burg, Rowan, Davie, Forsyth, Rockingham, 
Cabarrus, Davidson, Guilford, Union, 
Stanly, Randolph, Alamance, Anson, Mont- 
gomery, Orange, Richmond, Moore, Lee, 
Durham, Granville, Vance, Scotland, Wake, 
Halifax, Robeson, Cumberland, Johnston, 
Nash, Edgecombe, Sampson, Wayne, Wilson, 
Columbus, Duplin, Pitt, Lenoir, Beaufort, 
New Hanover and Craven. 



DOCKET NO. T-51 

APPLICATION OF: C. S. Schaub, d/b/a Apex Motor Line 
Apex, North Carolina 



HEARD IN: 



BEFORE: 



Raleigh, North Carolina, on the 8th day of 
November, 1949. 

R. G. Johnson, Commissioner 



Decisions and Adjustments of Complaints 43 

APPEARANCES: 

For the Applicant: 

Mr. R. Roy Carter, Attorney at Law, Raleigh, North Carolina. 

JOHNSON, COMMISSIONER. This application was filed with the 
Commission on the second day of September, 1947. The applicant seeks 
authority under Section 7 of the 1947 Truck Act to transport general 
commodities over irregular routes as a common carrier within the 
entire State of North Carolina east of U. S. Highway 221. The applicant 
seeks further authority to transport petroleum products in bulk from 
various originating points throughout the State of North Carolina. 

The Transport Corporation filed a protest to the said application and 
was received by the Commission on the 12th daj' of September, 1949 
but they did not appear to prosecute their protest. 

The applicant made the motion that he be allowed to withdraw that 
part of his application seeking authority to transport general commodities. 
Motion was allowed. 

The applicant was allowed to offer in evidence and it offered in 
evidence the original application, along with the various exhibts attached 
thereto, including a report of shipments hauled by the applicant during 
the year 1946. The applicant was allowed to offer in evidence the 
temporary authority issued to the said applicant, the exceptions to the 
temporary authority and the revised temporary authority. The applicant 
testified that he was in operation on the first day of January, 1947, and 
has been continuously operating since that time. 

Upon consideration of the application and the testimony of the 
applicant, the hearing commissioner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of petroleum products by motor vehicle in intrastate commerce 
during the year 1946, was so operating on January 1, 1947, and has 
continued to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of petroleum products in bulk by motor vehicle in 
intrastate commerce as particularly set out in Exhibit B hereto attached 
and made a part hereof. 



44 N. C. Utilities Commission 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy thereof to the applicant's counsel and that a formal 
certificate be issued to the applicant in accordance with the findings and 
order herein. 

Issued by order of the Commission. 

This 9th day of February, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-51 C. S. Schaub, d/b/a Apex Motor Line, 
Apex, North Carolina. 

EXHIBIT B Petroleum and petroleum products in bulk, 

in tank trucks over irregular routes from 
Wilmington, N. C, and points and places 
within five miles thereof, and from Friend- 
ship, River Terminal and Morehead City to 
points and places within the following 
counties: Wake, Johnston, Franklin, Nash, 
Wilson, Halifax, Forsyth, Guilford, Ran- 
dolph, Montgomery, Alamance, Durham, 
Harnett, Vance, Pitt, Lenoir, Beaufort and 
Carteret. 

DOCKET NO. T-394 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 
In the Matter of 

Motor carrier application of Associated Petroleum ) 

Carriers and/or War Emergency Cooperative ) ORDER 

Association, Spartanburg, South Carolina. ) 

Reference is made to an application filed with the Commission on 
September 30, 1947, under the provisions of Section 7 of the North 
Carolina Truck Act, by Associated Petroleum Carriers and/or War 
Emergency Cooperative Association, for a certificate authorizing the 
transportation of petroleum products in bulk in tank trucks over 
irregular routes throughout the State of North Carolina. Reference is 
further made to temporary authority issued to said applicants by the 
Commission on June 24, 1948, and to the Commission's order in said 
docket, dated December 20, 1948, wherein it appears that said application 
was docketed for hearing after due notice as required by law, and that 
no protest or opposition to the granting of said application was filed 
with or made known of to the Commission, and said application was 
accordingly approved and the issuance of an appropriate certificate 
directed. Reference is further made to correspondence on file in said 
docket between the Commission and counsel for the applicants, wherein 



Decisions and Adjustments of Complaints 45 

the Commission questioned the propriety of issuing a certificate to 
Associated Petroleum Carriers and/or War Emergency Cooperative 
Association, it being the view of the Commission that said certificate 
should be issued to one or the other, and it accordingly required the 
applicants to elect which corporation should own and operate the 
transportation business for which application was made in said docket. 

It now appears from a letter from said Messrs. Odom, Bostick, 
Littlejohn and Nolen, Spartanburg, South Carolina, counsel for said 
applicants, signed by Mr. L. A. Odom, dated December 9, 1949, that the 
Interstate Commerce Commission at the request of said applicants has 
agreed to issue the interstate certificate covering interstate operations 
in North Carolina, to Associated Petroleum Carriers, and that it is 
agreeable to all concerned that this Commission issue the North Carolina 
intrastate certificate to Associated Petroleum Carriers. 

IT IS, THEREFORE, ORDERED: 

That the Chief Clerk of the North Carolina Utilities Commission 
prepare and issue to Associated Petroleum Carriers, a corporation whose 
home office is located at Spartanburg, South Carolina, a certificate of 
public convenience and necessity authorizing the transportation of 
petroleum products in bulk in tank trucks from the originating terminals 
at or near Wilmington, Morehead City, River Terminal, Thrift, Friend- 
ship and Salisbury, to points and places throughout the State of North 
Carolina. 

Issued by order of the Commission. 

This 14th day of December, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Fred C. Hunter, Commissioner 

DOCKET NO. T-394 Associated Petroleum Carriers (Incorporated,) 
Irregular Route Common Carrier of Petroleum 
Products, Spartanburg, South Carolina 

EXHIBIT B Petroleum products in bulk in tank trucks 

from originating terminals at or near 
Wilmington, Morehead City, River Termi- 
nal, Thrift, Friendship and Salisbury, to 
points and places throughout the State of 
North Carolina. 



DOCKET NO. T-20 

APPLICATION OF: Vernon S. Aycock, Fremont, North Carolina 
HEARD IN: Raleigh, North Carolina, on October 7, 1949 

BEFORE: M. B. Glover, Examiner 



46 N. C. Utilities Commission 



APPEARANCES: 



For the Applicant: 

J. Russell Kirby, Attorney at Law, Fremont, North Carolina 

For the Protestants: 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh 
North Carolina, for Mrs. Mabel D. Burton, d/b/a Helms 
Motor Express, Albemarle, North Carolina, and Miller Motor 
Express, Charlotte, North Carolina 

J. C. Weaver, The Transport Corporation, Blackstone, Virginia 

GLOVER, EXAMINER: The North Carolina Utilities Commission 
has set for hearing at this time and place Docket No. T-20, being the 
application of Vernon S. Aycock, Fremont, North Carolina, filed under 
Section 7 (b) of the North Carolina Truck Act on August 6, 1947, and 
being referred to M. B. Glover, Examiner, by the North Carolina Utilities 
Commission on October 6, 1949, for hearing and recommended order. 

The applicant seeks authority as an irregular route common carrier 
to transport general commodities within a radius of 150 miles of Fremont, 
N. C, and petroleum products in bulk from Wilmington to points and 
places within 5 miles thereof, and from Morehead City, Salisbury, River 
Terminal, Friendship, and Thrift, N. C, to points and places in the 
counties of Cumberland and Wayne. Upon examination of the applica- 
tion, the Commission issued temporary authority as provided by Section 
10 of said Truck Act, along with instructions for filing exceptions to said 
temporary authority, to the applicant on July 21, 1948, as follows: 

Irregular Routes 

1. Petroleum and petroleum products in bulk in tank trucks, 
from Wilmington and points and places within five miles 
thereof and Thrift, N. C, to points and places in the 
counties of Cumberland and Wayne. 

2. Cottonseed meal and hulls, from Fremont to Smithfield, 
Newton Grove, Pikeville, and Dudley. 

3. Cottonseed, from Smithfield, Newton Grove, Pikeville and 
Dudley to Fremont. 

4. Tobacco, unmanufactured, leaf or scrap, including stems, 
cooperage stock, sheets, baskets and hogsheads, between 
Wilson, Rocky Mount and Durham. 

From Williamston, Fuquay Springs, Smithfield and 
Greenville to Winston-Salem, Lumberton and Tarboro. 

5. Fertilizer, from Fremont to Warsaw. 
LIMITATION: Truckload only. 

The applicant filed exceptions to said temporary authority on October 



Decisions and Adjustments of Complaints 47 

2, 1948, and upon further examination of the application, supported by 
exhibits, the Commission on December 13, 1948, issued revised temporary 
authority as follows: 

Irregular Routes 

1. Petroleum and petroleum products in bulk in tank trucks, 
from Wilmington and points and places within five miles 
thereof and from Morehead City, Salisbury, River Termi- 
nal, Friendship, and Thrift, N. C, to points and places in 
the counties of Cumberland and Wayne. LIMITATION: 
Truckload only. 

2. General commodities, except those requiring special 
equipment, between all points and places on and east of 
U. S. Highway 15. 

3. Tobacco, unmanufactured, leaf or scrap, including stems, 
cooperage stock, sheets, baskets and hogsheads: 
Between Wilson, Rocky Mount and Durham. 

From Williamston, Fuquay Springs, Smithfield and 

Greenville to Winston-Salem, Lumberton and Tarboro. 

From Wallace, Kinston, Farmville, Goldsboro, Greenville, 

Smithfield to Durham. 

From Kinston and Greenville to Wilson. 

From Rocky Mount to Winston-Salem. 

From Wilson to Lumberton. 

From Durham to Tarboro and Smithfield. 

LIMITATION: Truckload only. 

The case came on for hearing before Examiner M. B. Glover, where 
the applicant encountered opposition of protestants, and after a con- 
ference held between applicant and protestants, applicant agreed to the 
following stipulations: 

1. It is stipulated and agreed by the applicant that the 
application should be amended to read as to the general 
commodities, general commodities except those requiring 
special equipment, limited to truck loads only; territory 
description remaining the same as the original application. 

2. It is agreeable to the applicant that its authority to 
transport tobacco shall be limited to tobacco in baskets 
and sheets moving from warehouse to warehouse for the 
purpose of re-sale whether within a single city or to 
another city. 

Whereupon, the applicant introduced in evidence the original application, 
and all exhibits attached thereto, and also offered in evidence ;;aid 
temporary authority, the exceptions thereto, and the revised temporary 
authority. The applicant elected to file with his application certain reports 
of his operation during the year 1946, from which the Examiner finds 
that the applicant was engaged in the transportation of general com- 



48 N. C. Utilities Commission 

modities, except those requiring special equipment, over irregular routes 
between all points and places on and east of U. S. Highway 15, but 
limited to truckloads only; tobacco in baskets and sheets moving from 
warehouse to warehouse for re-sale whether within a single city or to 
another city; and petroleum and petroleum products in bulk in tank 
trucks fom Wilmington and points and places within five miles thereof, 
and from Morehead City, Salisbury, River Terminal, Friendship, and 
Thrift, N. C, to points and places in Cumberland and Wayne Counties. 

Upon consideration of the application and the exhibits attached 
thereto, the Examiner finds further: 

(1) That said application was filed under the provisions of Section 
7 (b) of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on Januay 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous thoughout the period covered by said report; that said report 
shows commodities transported and territory covered in the transportation 
of the same. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and applicant's attorney, and counsel for the protestants, and 
that a formal certificate be issued to the applicant. 

Issued by order of the Commission. 

This 5th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

EXHIBIT B 

N. C. C-75 

DOCKET NO. T-20 Vernon S. Aycock 

Fremont, North Carolina 

COMMODITY DESCRIPTION 

Petroleum and petroleum products in bulk in tank trucks. 



Decisions and Adjustments of Complaints 49 

TERRITORY DESCRIPTION 

Irregular Routes 

From Wilmington and points and places within five miles 
thereof and from Morehead City, Salisbury, River Terminal, 
Friendship, and Thrift, N. C, to points and places in the 
counties of Cumberland and Wayne. 

LIMITATION: Truckload Only. 

COMMODITY DESCRIPTION 

General commodities, except those requiring special equipment. 

TERRITORY DESCRIPTION 

Between points and places on and east of U. S. Highway 15. 

LIMITATION: Truckload Only. 

Tobacco in baskets and sheets moving from warehouse to 
warehouse foi re-sale whether within a single city or to 
another city. 

Between points and places on and east of U. S. Highway 15. 



DOCKET NO. T-327 
ORDER 

APPLICATION OF: Ayscue Truck Line, South Main Street, 
Louisburg, North Carolina 

HEARD IN: Raleigh, North Carolina, January 6, 1950 

BEFORE: Edward H. McMahan, Commissioner 

APPEARANCES: 

For the Applicant: 

E. C. Bulluck, Attorney at Law, Louisburg, N. C. 

For the Protestants: 

Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express, Miller Motor Express by J. Ruffin 
Bailey of the law firm of Bailey & Holding, Raleigh, N. C; 
and The Transport Corporation, Vance Trucking Company, 
Inc. and Forbes Transfer by Copeland E. Adams, Attorney 
at Law, Blackstone, Virginia. 

McMAHAN, Commissioner: 

On September 30, 1947, the applicant, Ayscue Truck Line, filed appli- 
cation with the North Carolina Utilities Commission, under Section 7 of 
the North Carolina Truck Act of 1947, wherein it seeks authority to 
operate as a common carrier of freight, by motor vehicle, over irregular 
routes, to transport general commodities over a territory comprising 



50 N. C. Utilities Commission 

all of the State of North Carolina east of U. S. Highway 21, and also 
along U. S. Highway 70 from Statesville to Asheville, North Carolina, 
and return, and along U. S. Highway 74 from Charlotte to Asheville, 
North Carolina, and return. 

The application, with the exhibits attached thereto, lists the terminal 
of the applicant as Louisburg, North Carolina, and shows the applicant's 
equipment to consist of five tractors, five trailers and two trucks. The 
applicant shows a net worth of $18,260.74. Also attached to the applica- 
tion, and made a part thereof, is a paper writing designated as "Articles 
of Copartnership," which establishes the applicant as a partnership con- 
sisting of the following partners: J. R. Ayscue, V. E. Ayscue, J. E. Ayscue, 
D. P. Ayscue and D. L. Aj^scue, all of Louisburg, Franklin County, North 
Carolina. 

Attached to the application is a report of operations of the applicant, 
during the month of April, 1946, said month being chosen by the appli- 
cant as being representative of the nature, extent and frequency of its 
continuous operations from January 1, 1947, to the date the application 
was filed. 

Based upon the application as filed with the Commission, the Com- 
mission issued an order, under date of November 5, 1948, granting to 
the applicant temporary authority, pending final determination of the 
application, authorizing and requiring the transportation of general 
commodities, except those requiring special equipment, over irregular 
routes, between points and places within the following counties in the 
State of North Carolina: Cleveland, Iredell, Mecklenburg, Cabarrus, 
Forsyth, Guilford, Lee, Harnett, Cumberland, Robeson, New Hanover, 
Wayne, Johnston, Wake, Granville, Vance, Franklin, Warren, Halifax, 
Edgecombe and Martin. 

Upon the calling of the application for hearing, the applicant identi- 
fied, and offered into evidence, the application, with all exhibits thereto 
attached, and the temporary authority granted by the Commission. Upon 
the offering of these documents and exhibits, the applicant rested its case, 
having carried its burden and proven a prima facie case under the law 
and rules made and provided for such. 

The protestants offered no evidence, but moved to dismiss the appli- 
cation on the ground that the applicant had not sufficiently made a case 
entitling it to the authority sought, and particularly to the effect that 
there was no showing on the part of the applicant that it was engaged 
in the operation of its business on January 1, 1947, as required by Sub 
Section 1 of Section 7 of the North Carolina Truck Act, which grants 
to any carrier or predecessor in interest, who was in bona fide operation 
as a common carrier by motor vehicle on January 1, 1947 . . . and who 
has operated since that time, . . . the right to have issued to it a certifi- 
cate, without requiring further proof that public convenience and neces- 
sity will be served by such operation; and, provided, the carrier 
qualifies itself in the manner and respect further set forth under said 
Section 7. 



Decisions and Adjustments of Complaints 51 

The motion of the protestants to dismiss cannot be sustained. The 
act of filing the application, and all the exhibits attached thereto, under 
date of September 30, 1947, on forms furnished by the Commission, and 
setting forth the information required by the Commission, said applica- 
tion, and all exhibits having been offered into evidence, is sufficient 
prima facie evidence establishing that the applicant was engaged in the 
bona fide operation of a common carrier on January 1, 1947, and has 
so operated since that time up to the filing of the application. Upon such 
showing, the Commission holds that the burden would then shift to the 
protestants to show to the contrary. 

The report of operations, on the part of the applicant, shows that 
during the month of April, 1946, said month being chosen as representa- 
tive of the nature, extent and frequency of its operations from January 
1, 1947, to the date of the filing of the application, the applicant trans- 
ported fertilizer, pipe, blocks, sand, gravel, brick, equipment, plow 
points and feed, and that these commodities were transported between 
points and places in all the counties designated and set forth in the 
temporary authority, with the exception of Cabarrus, Wayne, Granville, 
Warren, Harnett, Cumberland and Robeson Counties; this showing was 
sufficient to entitle the applicant to the temporary authority granted, and 
nothing having been shown to the contrary, or to rebut the same, by the 
protestants, is sufficient to sustain the granting of authority to the appli- 
cant to operate between the points and places in said counties, designated 
and set out in the temporary authority. True it is, that the report of 
operations shows that during the period reported, the applicant had no 
operations in seven of the counties set forth and designated in the 
temporary authority, and as hereinabove specified; but these counties, 
and points and places within said counties, lie along the route of opera- 
tions, which would, and will be ordinarily used by the applicant in pro- 
ceeding to points and places in other counties, designated in said tempo- 
rary authority. Nothing in the law requires the Commission to designate 
the route of operation by counties; however, this procedure is followed 
where it is possible to do so in order that the bounds of operations 
may be fully and completely designated, and unmistakenly made clear. 

From the evidence offered to the Commission, and unrebutted by the 
protestants, it is found as a fact that the applicant was engaged in bona 
fide operations, as a common carrier by motor vehicle, on January 1, 
1947, and that it has so operated since said time, and that its operations 
were reasonably frequent and continuous throughout the period covered 
by the report thereof. This is sufficient to sustain its application for 
the certificate of authority herein granted. 

IT IS, THEREFORE, ORDERED: 

That the application of the applicant be, and the same is hereby 
granted, and that the applicant be issued a certificate of authority to 
operate as a common carrier of freight, by motor vehicle, for the trans- 
portation of general commodities, except those requiring special equip- 
ment, over irregular routes, between points and places in the following 



52 N. C. Utilities Commission 

designated counties of the State of North Carolina: Cleveland, Iredell, 
Meckenburg, Cabarrus, Forsyth, Guilford, Lee, Harnett, Cumberland, 
Robeson, New Hanover, Wayne, Johnston, Wake, Granville, Vance, 
Franklin, Warren, Halifax, Edgecombe and Martin. 

It is further ordered that a copy of this order be mailed to the appli- 
cant, his attorney of record, and to the attorneys appearing for the 
protestants. 

By order of the Commission. 

This 1st day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 
(SEAL) 

DOCKET NO. T-267 

ORDER 

APPLICATION OF: E. E. Barringer and J. K. Moretz, d/b/a 
B & M Transportation Company 
P. O. Box 108 
Lenoir, North Carolina 

HEARD IN: Raleigh, North Carolina, on October 10, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

James E. Wilson, Attorney at Law, Washington, D. C. 

No Protestants 

HUNTER, COMMISSIONER: The above application was filed with 
the Commission on September 29, 1947, for a certificate under the pro- 
visions of Section 7 of the North Carolina Truck Act to transport pe- 
troleum products in bulk in tank trucks throughout the entire area 
of North Carolina. According to the usual practice of the Commission 
and pursuant to the provisions of Section 10 of said Act, temporary 
authority was issued to said applicants authorizing the transportation of 
petroleum products from originating points to points and places in the 
counties of New Hanover, Mecklenburg, Rowan, Catawba, Burke, Cald- 
well, Watauga, Wilkes, Ashe, Alleghany, Guilford, Robeson, Onslow, 
Johnston and Craven. The applicants contend that said temporary author- 
ity does not fairly represent the scope of their operations during the 
year 1946, or subsequent to that time, and demanded a hearing before 
the Commission. At said hearing the applicants offered in evidence the 
application with the exhibits thereto attached, and E. E. Barringer, one 
of the partners, testified in support of said application and to the effect 



Decisions and Adjustments of Complaints 53 

that said applicants held themselves out during 1946 to serve the entire 
State of North Carolina and have since that time continued to so hold 
themselves out. The report of operations filed with the application, as 
required by Section 7 (b), covers the months of November and December 
and shows that applicants transported 11 tank truck loads in November 
and 20 in December, making a total of 31 loads during said two months. 
Said 31 loads were delivered as follows: Newton, 11; Lenoir, 8; Morgan- 
ton, 3; Boone, 4; Sparta, 2; West Jefferson, 2 and North Wilkesboro, 1. 
It will appear from this list that during the year 1946, insofar as the 
records show, the applicants transported petroleum products to only 
seven counties; namely, Catawba, Burke, Caldwell, Watauga, Wilkes, 
Ashe and Alleghany. If the applicants transported petroleum products 
to any other counties during the year 1946, the application does not so 
show and neither does the oral testimony of Mr. Barringer. 

The hearing Commissioner is of the opinion and finds that the opera- 
tions shown to have been performed on and prior to January 1, 1947, 
does not warrant the Commission in authorizing state wide operating 
rights as it appears that said applicants served points in only seven 
counties out of the one hundred counties of the State. The Hearing 
Commissioner is further of the opinion and finds that neither the appli- 
cation nor the oral testimony warrants the Commission in granting 
operating rights to the extent covered by said temporary authority. The 
applicants did offer a further exhibit covering the year 1947 relating to 
operations in 1947 and 1948, from which it appears that during the year 
1947 applicants transported one load to each of the following counties: 
Onslow, Robeson, Johnston, Craven, Guilford and Caldwell and in 1948 
transported one load to Caldwell. It further appears from the testimony 
that at the time of the hearing the applicants had only one tank truck 
and were not operating to any of the counties last above-named with the 
exception of Caldwell. In other words, the records in this cause do not 
show that the applicants are now serving any counties other than the 
seven counties served during the year 1946. 

Upon consideration of all the testimony, the Hearing Commissioner 
finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 



54 N. C. Utilities Commission 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicants and a copy thereof to counsel for applicants and that a formal 
certificate be issued to said applicants in accordance with the findings 
and order herein. 

Issued by order of the Commission. 

This 8th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-267 E. E. Barringer and J. K. Moretz, d/b/a 
B & M Transportation Company, irregular 
route common carrier, Lenoir, North 
Carolina. 

EXHIBIT B Transportation of petroleum products in 

bulk from existing originating terminals 
at or near Wilmington, Morehead City, 
River Terminal, Thrift, Friendship and 
Salisbury to points and places in the 
counties of Catawba, Burke, Caldwell, 
Watauga, Wilkes, Ashe and Alleghany. 

DOCKET NO. T-403 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

Algie Baldwin, d/b/a Baldwin Transfer, ) ORDER 

1117 South Church Street, Charlotte, ) REINSTATING 

North Carohna. ) OPERATING AUTHORITY 

It appearing that the above named carrier now has proper insurance 
covering his equipment as required by rules of the Commission, the 
order issued on October 25, 1949, is hereby vacated and said operating 
rights of Algie Baldwin, d/b/a Baldwin Transfer are hereby reinstated. 

Issued by order of the Commission. 
This the 9th day of November, 1949. 

Myrtha Fleming, Chief Clerk i^, • 



Decisions and Adjustments of Complaints 55 

DOCKET NO. T-268 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
Application of J. C. Barker, d/b/a Barker's Transfer, 
Reidsville, North Carolina, for authority to transport 
general commodities except those requiring special ) ORDER 

equipment over irregular routes from Reidsville to 
all points and places within a 50-mile radius thereof. 

APPEARANCES: 

For the Applicant: 

Mr. Claude S. Scurry, Attorney at Law, Reidsville, N. C. 

For the Protestants: 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia 

JOHNSON, COMMISSIONER. By this application filed with the 
Commission on the 27th day of September, 1947, the applicant seeks 
authority under Section 7 of the North Carolina Truck Act to transport 
general commodities over irregular routes as a common carrier through- 
out the entire area of North Carolina. The applicant was allowed to 
offer in evidence and did offer in evidence the original application, 
along with various exhibits attached thereto and the temporary 
authority issued to said applicant. 

The applicant made a motion to amend his application to read as 
follows: 

"General commodities, except those requiring special 
equipment and except unmanufactured tobacco in hogsheads 
throughout the area as set out in his temporary authority." 

The motion was allowed and the protestants. The Transport Corporation, 
Vance Trucking Company, Inc., and Forbes Transfer Company withdrew 
their protest. 

The applicant, J. E. Barker, testified that he had been engaged in the 
transportation of general commodities throughout the State of North 
Carolina since 1932, that he was in continuous operation during the year 
1946 and on January 1, 1947, and had been in continuous operation since 
that time. 

Upon an analysis of the operations shown by the application and the 
evidence, the hearing Commissioner arrived at the conclusion that the 
temporary authority should be made permanent. 

The hearing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said section. 



56 N. C. Utilities Commission 

2. That said applicant was in bona fide operation as a common carrier 
of property by motor vehicle in intrastate commerce during the year 
1946, was so operating on Januarj^ 1, 1947, and has continued so to 
operate since that time. 

3. That the operations as shown by the report of said applicant 
were reasonably frequent and continuous. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B attached hereto and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the applicant's counsel and that a formal certificate 
be issued to the applicant in accordance with the findings herein. 

Issued by order of the Commission. 

This 9th day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-268 J. C. Barker, d/b/a Barker's Transfer, Reids- 
ville, N. C. 

EXHIBIT B General commodities except those requiring 

special equipment and except unmanu- 
factured tobacco in hogsheads over irregular 
routes from Reidsville to all points and 
places within a 50-mile radius thereof. 



DOCKET NO. T-269. Sub 1 

ORDER 

APPLICATION OF: W. H. Barnes, d/b/a Barnes Food Express, P. O. 
Box 1996, Charlotte, North Carolina 

HEARD IN: Raleigh, North Carolina, on September 30, 1949 

BEFORE: Edward H. McMahan, Commissioner 

APPEARANCES: 

For the Applicant: 

Harry F. Gillis, Attorney at Law, Miles Building, Washington, D. C. 

For the Protestant: 
None 

McMAHAN, Commissioner: In the above entitled matter application 
was filed by the applicant, W. H. Barnes, d/b/a Barnes Food Express, 



Decisions and Adjustments of Complaints 57 

with its principal office and place of business in Charlotte, North Caro- 
lina, the application being filed as an individual under Section 11 of the 
North Carolina Truck Act of 1947, for authority to operate as a common 
carrier in intra-state commerce, over irregular routes, within and 
throughout the State of North Carolina, without respect to particular 
highways; and to transport fresh and frozen foods, dairy products and 
foods requiring refrigeration. Said application was filed with the Com- 
mission on the 19th day of July, 1949 and was proper and complete in 
all respects. 

No protests were filed to said application. 

Under the application the applicant was required to show that his 
proposed operation was offered as a convenience to the general public 
of the state of North Carolina, and would serve a necessary need for 
said general public. In support of said application the applicant offered 
testimony, a resume of which is as follows: 

W. H. Barnes, the applicant, testifying in his own behalf and in sup- 
port of his application, stated that he was operating a business of hauling 
fresh and frozen foods, dairy products and foods requiring refrigeration, 
now as an inter-state carrier, hauling said products from various points 
in other states into North Carolina and to particular points within said 
state; he testified that his business was highly specialized in that he 
hauled only fresh and frozen foods, requiring refrigeration, and that he 
handles nothing else; that he has a fleet of refrigerated tractors and 
trailers now operating in twenty-four states of the Union, and that he has 
been engaged in such business for a period of fifteen years; he testified 
that he received inter-state authority three years ago; that his fleet of 
refrigerated equipment consists of twenty-five complete units, and that 
he has purchased ten new units; that his trailer equipment is highly 
insulated with corrugated metal and floor racks and mechanical refrig- 
eration units designed to maintain any desired temperature; that of 
his equipment, twenty units are company owned (by the applicant) and 
that other equipment is leased on a long term agreement; he testified 
further that this type of operation is highly specialized and requires a 
trained personnel and that refrigeration must be maintained at a proper 
temperature; that in his inter-state business for the year 1948 he trans- 
ported over 11,200,000 pounds of frozen foods, and that his 1949 average 
is at least 2,000,000 pounds per month; that he has never had any dam- 
aged or spoilage claims since being in business. 

He testified further that he seeks state-wide authority because his 
food is moved irregularly to all points in the state of North Carolina, 
and that different seasons require the transportation of different foods; 
that there are various and sundry storage places about and over the 
state of North Carolina, and that he represents shippers who sell any- 
where; that he has been requested by shippers to file application for 
this operation. He further testified that his financial status had not 
changed since the filing of his application, and that each unit of his 
equipment cost $22,000; that there are no other carriers engaged in this 
type of operation. 



58 N. C. Utilities Commission 

A. F. Henning, witness for the applicant, testified that he is Traffic 
Manager in the Frozen Food Department for Standard Brands, Inc., and 
as such is in charge of the distribution of frozen eggs, fruits, vegetables 
and other foods throughout the state of North Carolina; that his com- 
pany maintains a central storage warehouse in Lexington, North Caro- 
lina, and branches in Charlotte, Greensboro, Asheville, Raleigh and 
Wilmington in the state of North Carolina; that they have an urgent 
need for transportational service by refrigerated trailers between the 
various points where they maintain storage warehouses and branches; 
that during the year 1948 their volume of frozen foods moved between 
said points was in excess of 1,250,000 pounds. He further testified that 
he is well acquainted with the applicant and knows the equipment main- 
tained by the applicant for service, and that said equipment is of the 
best, and the service rendered by the applicant is entirely satisfactory, 
and in fact, excellent; that the applicant's service is now the only service 
of this type offered in the State of North Carolina but that the applicant 
is handicapped in rendering the actual service needed due to the fact 
that he does not now have state-wide authority as an intra-state carrier; 
that the Standard Brands, Inc. will use the service of the applicant if the 
same can be had on a state-wide basis, and that this company has a 
definite need for such service, both in truck loads and less than truck 
load lots; the witness further testified that in his opinion there is a 
definite public need for this type of service on a state-wide basis in 
North Carolina, and that it will be a matter of great convenience to the 
general public for the right to be granted to the applicant to render 
such service on the state-wide basis. 

W. J. Seay, Jr. of Charlotte, North Carolina, testified that he is the 
Traffic Manager of the Atlantic & Pacific Tea Company and has occu- 
pied such position since May, 1949; that prior to that he was in the 
Division Office of said company at Charlotte, North Carolina; that 
among his duties are to see that goods sold and handled by his company 
are transported to and from the various warehouses and stores through- 
out the state of North Carolina; he testified that his company maintains 
warehouses and sub-warehouses in the state of North Carolina, the main 
warehouse being located in Charlotte, and a sub-warehouse located in 
Asheville and Raleigh in said state; the witness further identified a 
list of ninety towns in the state of North Carolina in which the Atlantic 
& Pacific Tea Company maintains stores; the witness testified that he 
was familiar with the service that the applicant seeks to offer, and that 
his company would use said service in connection with the movement 
of its frozen foods between the warehouses and sub-warehouses it main- 
tains in said state of North Carolina, and all the various stores in the 
ninety odd towns in which said company does business; the witness 
testified that the volume of frozen food business done by his company 
is very substantial, and that his office controls the distribution of the 
products between the warehouses and stores; that his company is now 
using the services of the applicant for its inter-state business and for 
such business as the applicant can now serve under his present rights; 
that the services are good and that they use them both in truck loads 



Decisions and Adjustments of Complaints 59 

and less than truck load lots; that it is necessary to have refrigerated 
equipment for the transportation of their frozen food products, and that 
no other carrier in the state of North Carolina is now offering this 
type of service. The witness testified that in his opinion this type of 
service is necessary in the interest of the general public in the state of 
North Carolina; and that if the applicant is granted the right to render 
such service that the same will amount to a great convenience to the 
general public. 

P. O. Poole of Durham, North Carolina, testified that he is Vice- 
President of Frozen Food Industries of Greensboro, North Carolina, 
which said organization is engaged in the distribution of frozen foods; 
that their specialty items are whipped topping, deviled crabs, fan-tail 
shrimp, cookies and orange juice; that they maintain warehouses and 
ship their products between Greensboro and Charlotte, Asheville, Dur- 
ham, Rocky Mount and Wilmington, and from the above points to other 
of said points above indicated; that they use their own trucks to dis- 
tribute their products from the points where they maintain warehouses 
and storage places as above enumerated to the stores, and that they 
sell their products to stores in all parts of the state of North Carolina; 
that their volume of business is quite substantial; the witness further 
testified that he was familiar with the equipment of the applicant herein, 
and of the type of service offered by the applicant, and that the same is 
excellent; that his company has a need for that type of service and 
would use the same, both for truck load and less than truck load quanti- 
ties; he further testified that in his opinion there is a public need for 
such type of service and that if such service can be given to the public 
that it will amount to a great convenience. 

W. K. Davis of Lexington, North Carolina, testified that he is 
President of the Davis Frozen Foods, Inc. of Lexington, North Carolina, 
and that his company deals in the wholesale and distribution of frozen 
foods; that they maintain bulk storage warehouses in Lexington, 
Charlotte, Winston-Salem, Greensboro, Raleigh and Greenville, North 
Carolina, and that they ship from these points to other points and to 
retail stores throughout the entire state of North Carolina; that they 
are at present trying to handle the transportation of their frozen foods 
by their own organization, but that it isi too big for them to handle and 
that they have insufficient equipment of their own to take care of their 
needs; that they deliver approximately 500,000 pounds of frozen foods 
per month, and that their distribution points vary throughout the state 
of North Carolina; that they have a definite need for the type of service 
offered by the applicant, and that they need the same and will use the 
same on a state-wide basis, both for truck load and less than truck load 
lots; the witness further testified that in his opinion the proposed service 
that the applicant offers would serve a great need to the general public 
in the state of North Carolina and amount to a convenience to the same. 

Irvin T. Olsen of Hendersonville, North Carolina, testified that he is 
Traffic Manager for Skyland Processing Corporation of Hendersonville, 
North Carolina; that it is his duty to arrange transportation of the 



60 N. C. Utilities Commission 

products of said company throughout the territory it serves; that said 
company is engaged in the business of freezing and distributing foods and 
has operated such business since April of 1946; that his company 
maintains storage places in Hendersonville, Charlotte, Shelby, Lexington, 
and Raleigh, all in the the state of North Carolina; that the company not 
only distributes its products when processed but likewise brings its fruits 
and vegetables for processing from many points all over the state of 
North Carolina to its plant at Hendersonville; and that it has a definite 
need for refrigerated transportation service, both for products it sells 
and distributes and for bringing in fruits and vegetables for processing; 
that the business of his company has increased and that in the year 1948 
its volume amounted to 3,600,000 pounds; that they ship from storage 
points to all points in the state of North Carolina; that he knows the 
equipment and type of service that the applicant has to offer, and that 
the same is excellent; that his company has need for the same and will 
use the same if the applicant can obtain state-wide rights; he further 
testified that in his opinion the type of service proposed to be offered by 
the applicant is both a necessity and will serve as a great convenience to 
the general public in the state of North Carolina. 

F. D. Casteen of Faison, North Carolina, testified that he is in the 
business of sale of frozen foods and ice cream and operates his business 
individually; that he has been in business for sixteen months; that his 
business consists of selling frozen foods and ice cream to be delivered 
from points of manufacture from Pittsburgh and Philadelphia, Pennsyl- 
vania to various stores in the state of North Carolina; that he maintains 
no central storage plant, and that the applicant is now engaged in 
transporting his products from their plant of manufacture to points of 
sale and distribution in the state of North Carolina; that said service 
is inadequate in the needs of this situation because the applicant can 
serve only certain points for which he now has operational rights, and 
under his inter-state authority; that if the applicant is granted state- wide 
rights to maintain his type of service, his witness will erect storage plants 
in Raleigh and Charlotte, North Carolina, and that he will have need to 
move his products into places of storage and from there to all points 
throughout the state of North Carolina; that there are no limits to the 
same; that there is a definite need for the service that the applicant 
proposes to offer, and that the granting of the same will serve a great 
need to the general public in the state of North Carolina and amount 
to a convenience to the same; that his business is absolutely dependent 
upon such type of service. 

Mr. W. S. Tibbels of Charlotte, North Carolina, testified that he is 
in charge of sales of the dairy and poultry products for Armour & 
Company's branch at Charlotte, and among his duties is to arrange for 
transportation of poultry and fresh and frozen foods. He testified that 
the various storage places for his company in North Carolina were located 
in Durham, Greensboro, Winston-Salem, Charlotte, Candor, Shelby, 
Monroe and Wilmington, and that products requiring transportation by 
refrigerated trucks are shipped from the above storage places to the 



Decisions and Adjustments of Complaints 61 

twelve branch houses of the company located in Asheville, Gastonia, 
Charlotte, Monroe, Laurinburg, Wilmington, Fayetteville, Wilson, 
Raleigh, Durham, Greensboro, Winston-Salem and Salisbury. He stated 
further that the volume of business being done by his company in the 
sale of food products requiring refrigeration was substantial and there 
was a vital need on the part of his company to have transportation service 
such as the applicant offers and can make available; that there is not 
now such available service and that his company must depend upon 
express and insulated trucks for its present transportation; he testified 
that in his opinion the granting of authority to this applicant lo perform 
the services he applies for would serve a great need to the general public 
of the state of North Carolina, and would certainly be a desired 
convenience to them. 

Mr. Cliff Smith testified that he is Sales Manager of Boggs Brokerage 
Company in Charlotte, North Carolina, and that he routes all traffic in 
the state of North Carolina; that his company dealt in the sale and 
distribution of butter, eggs and cheese, and that the originating points 
for shipping such products were at Charlotte, Greensboro, Winston-Salem, 
Raleigh, Durham, Wilmington, Rocky Mount, Greenville, Washington, 
Wilson and Salisbury, and that from these points they delivered their 
products to every large city and town in the state of North Carolina; 
that they were now moving said products by the use of trucks packed 
with dry ice, but that this is not satisfactory as they cannot get the 
temperature down to the required degree to properly preserve their 
products; that his company will use and has need for the services of the 
applicant, if the applicant is granted authority to operate as applied for, 
both in truck load and in less than truck load lots. This witness likewise 
testified that this service amounted to both a need and a convenience 
to the general public in the State of North Carolina. 

Mr. J. E. Saunders of Lexington, North Carolina, testified that he is 
Traffic Manager for Coble Dairy Products; that his company moves fresh 
and frozen food products between twenty-one points in the state of 
North Carolina, with origins in Lexington, Wilkesboro, Lenoir and 
Murphy; that they are now using the service of the applicant in every 
place and where the applicant has authority to operate, and in other 
instances the company is required to use its own trucks but that this 
is not satisfactory. Mr. Saunders testified that in his opinion the granting 
of this authority would serve a great need to the general public of 
North Carolina and would be a decided convenience to the same. 

Mr. J. S. Edmonds of Clover, South Carolina, testified that he operates 
a business known as J. S. Edmonds & Son, which consists of hatching, 
growing and processing turkeys; they have storage space in Charlotte, 
Wilmington and Lexington in the state of North Carolina, and at other 
points anywhere in the state of North Carolina where they can obtain 
available space; that their volume of business runs from 1,500,000 pounds 
to 2,000,000 pounds per year, and that they have need to transport their 
products to various points throughout the state of North Carolina; he 



62 N. C. Utilities Commission 

testified that the service rendered by the applicant was entirely 
satisfactory, and that his company would use the same, and that in his 
opinion this service would satisfy a great need and amount to a consider- 
able convenience to the general public in the state of North Carolina. 

Mr. Jack Carter of New York City, testified that he is Assistant 
Division Traffic Manager of General Foods, Inc., which corporation 
operates the Birdseye Division and the General Seafood Division of this 
corporation, and that it is engaged in the business of processing and 
distributing frozen foods and a complete line of the same; that their 
business is growing in the state of North Carolina and that as a result 
of this they have a need for an improved transportation system giving 
them refrigeration service at zero temperatures on a state-wide basis; 
that they are presently storing frozen foods in Charlotte, Greensboro and 
Asheville and expect to add other major cities in the state as storage 
points when they can obtain better transportation facilities; he testified 
further that he knows the service now rendered by the applicant, and 
that the same is excellent, except that it needs to be expanded on a 
state-wide basis; that there is no other type of service similar to this 
now available; and that the further expansion and development of his 
company's business in the state of North Carolina depends to a large 
extent upon it being able to secure this type of service. 

Based upon the foregoing evidence, and the exhibits offered into 
evidence, the hearing Commissioner finds the following facts: 

1. That the applicant's application for authority to operate as a 
common carrier engaged in intra-state commerce, transporting frozen 
foods and foods requiring refrigeration, is proper in every respect. 

2. That the applicant is now rendering service to certain sections 
of the state of North Carolina under authority, which he holds by virtue 
of so called "grandfather rights" under Section 7 of the North Carolina 
Truck Act, but that such authority is grossly inadequate for the applicant 
to take care of the needs for his service in all sections of the state of 
North Carolina. 

3. That the applicant has inter-state authority to operate into and 
out of the state of North Carolina. 

4. That the type of service proposed to be offered by the applicant 
is highly specialized, requiring special equipment consisting of truck 
trailers equipped with refrigeration mechanism so that various degrees 
of temperature can be maintained for transporting fresh and frozen 
foods. 

5. That there is at present no other similar type service available 
in the state of North Carolina. 

6. That there is a need for the applicant's service in all sections, 
including all counties, cities and towns throughout the entire state of 
North Carolina. 



Decisions and Adjustments of Complaints 63 

7. That the applicant has now, and is able to procure in addition 
thereto, all equipment necessary to serve the needs in the transportation 
of fresh and frozen foods in the state of North Carolina. 

8. That this service is needed both for the transportation of truck 
loads and less than truck load lots. 

Based upon the foregoing findings of fact, which are substantiated by 
the evidence set forth above, the hearing Commissioner concludes that 
the application of the applicant for state-wide authority should be 
granted. 

It is to be noted, and the Commission takes judicial notice of the 
fact, that the applicant has heretofore applied for authority under 
Section 7 of the North Carolina Truck Act to render services applied for 
herein between certain designated points and places, over irregular 
routes, and that this application was heard immediately preceding the 
hearing of this cause; that based upon the showing in said hearing under 
Section 7, known ag Docket N. T-269, the applicant is entitled to the 
granting of his application under said Section 7, but that the authority 
applied for, and to be granted in this cause, will include and enlarge 
upon that sought under Docket No. T-269, and that there is no necessity 
for granting the applicant two certificates since the certificate in this 
cause will give him state-wide rights, and all the authority necessary. 

IT IS, THEREFORE, ORDERED: 

That certificate of franchise be granted to the applicant, W. H. 
Barnes, d/b/a Barnes Food Express, P. O. Box 1996, Charlotte, North 
Carolina, giving to the applicant authority to operate as a common 
carrier engaged in intra-state commerce, for the transportation of fresh 
and frozen foods, dairy products, and all food products requiring 
refrigeration, over irregular routes, between all points and places 
throughout the entire state of North Carolina. 

It is futher ordered that a copy of this Order be sent to the applicant, 
and his attorney of record. 

By order of the Commission. 

This 24th day of October, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 
(SEAL) 



DOCKETS NOS. T-404, T-404 Sub 1 

ORDER 



APPLICATION OF: Barnes Truck Line, Inc. 
Herring Avenue 
Wilson, North Carolina 



64 N. C. Utilities Commission 

HEARD IN: Tarboro, N. C, on March 23, 1950. 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: 

For the Applicant: 

Mr. James E. Wilson, Attorney at Law, Mayflower Office 
Building, Washington, D. C. 

For the Protestants: 

Mr. J. Ruffin Bailey, Attorney at Law, Bailey and Holding, 
Attorneys at Law, Raleigh, N. C, for Fredrickson Motor 
Express, Helms Motor Express and Miller Motor Express. 

PAYLOR: 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which application was calendared for hearing at 10:00 a.m. on March 24, 
1950, at the Wilson County Courthouse, Wilson, N. C, and whereas, 
by consent and at the req\iest of attorneys representing applicants and 
protestants the same was heard at the Courthouse in Tarboro, N. C, on 
March 23, 1950. Applicant seeks a certificate under Section 7 of the 
1947 Truck Act to transport general commodities except those requiring 
special equipment over irregular routes between all points and places 
on and east of U. S. Highway No. 21. 

Mr. Roy L. Barnes, one of the owners of Barnes Truck Line, Inc., 
testified that the application and exhibits attached thereto were prepared 
under his instructions and from records made of the 1946 operations. 
Application, exhibits attached thereto, and temporary authority dated 
October 26, 1948, with exhibit attached thereto were offered in evidence 
supporting grandfather application. Applicant was cross-examined by 
the protestants. Protestants offered no evidence. Applicant and protestants 
waived the filing of proposed findings of fact and conclusions of law 
and briefs. 

The Examiner finds: 

( 1 ) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions therof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 



Decisions and Adjustments of Complaints 65 

report shows commodities transported and territory served in the 
transportation of the same as particulaly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intra-state commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of 
record in this cause and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by order of the Commission. 

This 17th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKETS NOS. T-404, T-404 Sub 1 Barnes Truck Lines, Inc. 

Herring Avenue 
Wilson, North Carolina 

EXHIBIT B General commodities except those requiring 

special equipment over irregular routes 
between all points and places on and east 
of U. S. Highway No. 21. 

DOCKET NO. T-270 

APPLICATION OF: J. E. Baxley, d/b/a 
Baxley Transfer 
Rockingham, North Carolina 

HEARD IN: Laurinburg, N. C, on February 23, 1950. 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: 

For the Applicant: 

Mr. J. Elsie Webb, Attorney at Law, Rockingham, N. C. 

For the Protestants: 

Mr. J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, 
Raleigh, N. C, for Fredrickson Motor Express, Mrs. Mable 
D. Burton, d/b/a Helms Motor Express and Miller Motor 
Express. 



66 N. C. Utilities Commission 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 2:30 p.m. on 
February 23, 1950. Applicant seeks a certificate under Section 7 of the 
1947 Truck Act to transport general commodities, except those requiring 
special equipment over irregular routes from Rockingham to all points 
and places in Richmond County and Wadesboro, Charlotte, Gastonia, 
Salisbury, High Point, Raleigh and Camp McCall; Gravel over irregular 
routes from Lilesville to points and places in Richmond County. 

Applicant testified that the application and exhibits attached thereto 
were prepared under his instructions and from records made of the 1946 
operations. Application, exhibits attached thereto. Temporary Authority 
No. C-83 and supplemental exhibits were offered in evidence supporting 
grandfather application. Applicant was cross-examined by the pro- 
testants. Protestants offered no evidence. Applicant and protestants 
waived the filing of proposed findings of fact and conclusions of law 
and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intra-state commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. 



Decisions and Adjustments of Complaints 



67 



Issued by order of the Commission. 
This 10th day of March, 1950. 



NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



DOCKET NO. T-270 J. E. Baxley, d/b/a 
Baxley Transfer 
Rockingham, North Carolina 



EXHIBIT B 



Transportation of general commodities, 
except those requiring special equipment 
over irregular routes from Rockingham to 
all points and places in Richmond County 
and Wadesboro, Charlotte, Gastonia, Salis- 
bury, High Point, Raleigh and Camp Mc- 
Call; gravel over irregular routes from 
Lilesville to points and places in Richmond 
County. 



APPLICATION OF: 



HEARD IN: 
BEFORE: 



DOCKET NO. T-405 

P. B. Beachum, d/b/a 
Beachum's Transfer 
3 Caswell Street 
Wadesboro, North Carolina 

Laurinburg, N. C, on February 23, 1950 

John Hill Paylor, Examiner 



APPEARANCES: 
For the Applicant: 

Mr. Banks D. Thomas, Attorney at Law, Wadesboro, N. C. 

For the Protestants: 

Mr. J. Ruffin Bailey, Bailey and Holding, Attorney at Law, 
Raleigh, N. C, for Fredrickson Motor Express, Mrs. Mable 
D. Burton, d/b/a Helms Motor Express and Miller Motor 
Express. 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, 
Virginia, for The Transport Corporation, Vance Trucking 
Company, Inc. and Forbes Transfer Company. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 11:00 a.m., 
February 23, 1950. Applicant seeks a certificate under Section 7 of the 



68 N. C. Utilities Commission 

1947 Truck Act to transport general commodities, except those requiring 
special equipment over irregular routes between all points and places 
on east and south of U. S. Highway 29 from the Va. - N.C. state line to 
Reidsville, thence U. S. Highway 158 to Mocksville, thence U. S. 
Highway 64 to Statesville, thence U. S. Highway 21 to Charlotte, thence 
U. S. Highway 29 to the N.C. - S.C. state line. 

Applicant testified that the application and exhibits attached thereto 
were prepared under his instructions and from records made of the 1946 
operations. Application, exhibits attached thereto, temporary authority, 
exceptions to temporary authority and revised Temporary Authority 
No. C-85 were offered in evidence supporting grandfather application. 
Applicant stated that he has been operating in the trucking business 
since 1918. The applicant was cross-examined by the protestants. 
Protestants offered no evidence. Applicant and protestants waived the 
filing of proposed findings of fact and conclusions of law and briefs. 

The Examiner finds: 

( 1 ) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intra-state commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operated since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intra-state commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by order of the Commission. 

This 9th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 



69 



DOCKET NO. T-405 



EXHIBIT B 



P. B. Beachum, d/b/a Beachum's Transfer 
3 Caswell Street 
Wadesboro, North Carolina 

Transportation of general commodities, 
except those requiring special equipment 
and except unmanufactured leaf tobacco 
and related commodities described in N. C. 
U. C. Docket No. 2417, over irregular routes 
between all points and places on east and 
south of U. S. Highway 29 from the Va.-N.C. 
state line to Reidsville, thence U. S. High- 
way 158 to Mocksville, thence U.S. Highway 
64 to Statesville, thence U. S. Highway 21 
to Charlotte, thence U. S. Highway 29 to 
the N.C. - S.C. state line. 



APPLICATION OF: 
HEARD IN: 
BEFORE: 



APPEARANCES: 



DOCKET NO. T-271 

Beard-Laney, Inc., Camden, South Carolina 
Raleigh, North Carolina, on February 24, 1950 
Commissioners Joshua S. James, Edward H. 
McMahan, and Fred C. Hunter 



For the Applicant: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C. 
Frank A. Graham, Jr., Attorney at Law, 406-7 Palmetto Building, 
Columbia, South Carolina 

No Protestants. 

HUNTER, COMMISSIONER. This is an application filed with the 
Commission on September 29, 1947, under the provisions of the North 
Carolina Truck Act, for a certificate authorizing the transportation of 
petroleum products in bulk, in tank trucks, from all existing originating 
terminals to points and places throughout the state of North Carolina. 

Mr. J. T. Laney, vice president and general manager of said corpora- 
tion, appeared at said hearing and testified that said corporation had been 
engaged in the transportation of petroleum products in bulk in North 
Carolina for many years; that said company was so operating throughout 
the year 1946, as shown by its application, and has continued to so 
operate since that time. He further testified that said applicant had some 
ten (10) tank trucks, which have been and are now located in North 
Carolina and devoted exclusively to operations in this State in the 
transportation of petroleum products in bulk. He further testified that 
said company now has about eighteen (18) employees in North Carolina, 
ten (10) of which are located in Wilmington and eight (8) in Charlotte. 
The net worth of said applicant, as appears from its application and 
from the testimony of Mr. Laney, is approximately $227,000. 



70 N. C. Utilities Commission 

In addition to the oral testimony, the applicant offered in evidence 
the original application as filed with the Commission on September 29, 
1947, and also the temporary authority issued by the Commission on 
June 7, 1948, the exceptions filed by the applicant to said temporary 
authority, and the Commission's revised temporary authority dated 
December 9, 1948. 

An analysis of said applicant's report of operations for the year 1946, 
as set forth in said application, shows that the applicant was engaged 
extensively in the transportation of petroleum products in bulk during 
the year 1946, serving points as far west as Hendersonville and Biltmore 
and points east thereof throughout the state of North Carolina, from 
which it appears that said applicant was in a substantial way, during 
the year 1946, transporting petroleum products throughout the state of 
North Carolina. 

Upon consideration of the application and the oral testimony offered 
in support thereof, the Commission finds. 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intra-state commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

3. That the operation shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intra-state commerce 
as particularly set out in Exhibit B hereto attached and made a parr 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and a copy to the attoineys for the applicant, and a formal 
certificate be issued to the applicant in accordance with said finding' 
and order. 

Issued by order of the Commission. 
This 7th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 71 

DOCKET NO. T-271 Beard-Laney, Inc. 

Irregular Route Common Carrier 
Camden, South Carolina 

EXHIBIT B Transportation of petroleum products in 

bulk from all existing terminals located at 
or near Wilmington, Morehead City, River 
Terminal, Thrift, Friendship, and Salisbury 
to points and places throughout the state of 
North Carolina. 



DOCKET NO. T-91 

APPLICATION OF: Alice Bell 

Jackson, N. C. 

HEARD IN: Raleigh, North Carolina, on November 2, 1949. 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

E. N. Riddle, Attorney at Law, Jackson, North Carolina 

HUNTER, COMMISSIONER: The above designated application was 
filed with the Commission on September 12, 1947, pursuant to the 
provisions of Section 7 of the North Carolina Truck Act. The Com- 
mission issued to the applicant temporary authority as provided by 
Section 10 of said Act, to which exceptions were filed, and upon 
consideration of said exceptions, said temporary authority was revised 
and reissued, which authority, as revised and reissued, authorized the 
applicant to transport general commodities between points and places 
in and east of the counties of Halifax and Nash, and in and north of 
the counties of Wilson, Edgecomb, Martin, Washington, Tyrrell and 
Dare. Also from Aberdeen to Roanoke Rapids and from Raleigh to 
points in Halifax County. Said authority further authorized the applicant 
to transport cotton in bales from the counties of Halifax, Warren and 
Vance to points and places in the counties of Cabarrus and Guilford, 
and clay products from Pomona to points and places in Halifax and 
Pasquotank Counties. 

Upon the calling of this case for hearing the applicant offered in 
evidence the original application along with the exhibits thereto attached, 
the exceptions filed to the original temporary authority and the exhibits 
thereto attached, and offered certain oral tesimony as to the nature and 
scope of the applicant's operations during the year 1946 and subsequent 
to that time. ^ •.-■ . . , . \ 

Upon a careful analysis of the operations shown to have been 
performed by the applicant during the year 1946, as shown by report 
of actual operation during said year, the Hearing Commissioner is of 



72 N. C. Utilities Commission 

the opinion that the temporary autliority as revised does not fully 
and accurately represent the nature and scope of the applicant's opera- 
tions. The applicant's place of business is located in the Town of 
Jackson in Northampton County, and, as shown by the records in this 
case, has engaged extensively in the transportation of commodities 
generally to, from and between points in the area of the state bounded 
on the west by Halifax and Nash Counties and on the south by Wilson, 
Edgecombe, Martin, Washington, Tyrrell and Dare Counties, including 
points and places in said counties. It further appears that the applicant 
has been engaged in the transportation of certain commodities from 
said area to other sections of the state and from other sections of the 
state into said area and that said revised temporary authority is some- 
what more restricted than the actual operations in 1946 and subsequent 
to that time warrants. 

Upon consideration of the application, the exhibits thereto attached 
and the oral testimony offered for and on behalf of said applicant, the 
Hearing Commissioner finds; 

1. That said application was filed under provision of Scetion 7 of the 
North Carolina Truck Act and within the time required by said section 
and in com.pliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report, and that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That the applicant be, and is hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and a copy thereof to applicant's attorney, and that a formal 
certificate be issued to the applicant in accordance with the findings and 
order herein. 

Issued by order of the Commission. J^ 

This 2nd day of December, 1949. 

Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 



73 



DOCKET NO. T-91 



EXHIBIT B 



Alice Bell 

Irregular Route Common Carrier 

Jackson, North Carolina 

(1) General commodities between points 
and places in the area of the state bound on 
the west by Halifax and Nash Counties and 
on the south by Wilson, Edgecombe, Martin, 
Washington, Tyrrell and Dare Counties, 
including points and places in said counties. 

(2) Cotton in bales from points and places 
in the area described in (1) above to points 
and places in the state on and east of U. S. 
Highway 29. 

(3) Clay products from Pomona to points 
and places in the area described in (1) 
above. 

(4) Fertilizer and fertilizer materials, 
brick, cement and cinder building blocks, 
farm machinery and insecticides from any 
point in the state to points and places in 
the area described in (1) above. 

(5) Unmanufactured farm, dairy and 
orchard products, including wheat, corn, 
oats, peanuts, potatoes, melons, fruits, 
vegetables, cotton seed, cotton seed meal 
and hulls, feed and other farm commodities 
from points and places in the area described 
in (1) above to any point in the state. 

(6) Lumber, rough and dressed, and raw 
products of the forest from points and 
places in the area described in (1) above 
to any point in the state and from any point 
in the state to points and places in said area. 



DOCKET NO. T-210 

FINAL ORDER 

APPLICATION OF: J. C. Townsend, d/b/a Berry & Decker Transfer 
Hildebran, North Carolina 



HEARD IN: 
BEFORE: 



Raleigh, North Carolina, on June 2, 1949 

Stanley Winborne, Chairman, Fred C. Hunter and 
R. G. Johnson, Commissioners 



74 N. C. Utilities Commission 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Greensboro, North Carolina 

For the Protestants: 

J. Ruffin Bailey and I. M. Bailey, Attorneys at Law, Bailey and 
Holding, Raleigh, North Carolina, for Fredrickson Motor Express 
Corporation, Miller Motor Express and Helms Motor Express 

The applicant offered in evidence the application along with exhibits 
thereto attached, and temporary authority the Commission issued to 
said applicant. The applicant testified that he had transported com- 
modities to or from points in the counties shown in his temporary 
authority. He further testified that he was holding himself out to serve 
points and places in not only the counties included in his temporary 
authority but also the counties of Alexander, Rowan, Davie, Yadkin, 
Surry and Stokes, which said counties are surrounded by counties which 
he is authorized to serve by his temporary authority. The applicant 
contends that while he did not file exceptions to the temporary authority 
issued to him by the Commission that said authority should include the 
counties above named. 

Protestants offered no testimony. 

Upon consideration of the application, the exhibits thereto attached, 
and the oral testimony offered, the Commission is of the opinion and 
finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and. in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorneys for the protestants, and that a formal cerificate 



Decisions and Adjustments of Complaints 



75 



be issued to said applicant in accordance with the findings and order 
herein. 

Issued by order of the Commission. 



This 6th day of June. 1949. 



Stanley Winborne, Chairman 
Fred C. Hu,nter, Commissioner 
Joshua S. James, ComTtiissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 



Attest: 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-210 



EXHIBIT B 



J. C. Townsend, d/b/a Berry & Decker 
Transfer, Irregular route common carrier, 
Hildebran, North Carolina, 

General commodities, except those requir- 
ing special equipment, over irregular routes 
to, from and between points in the counties 
of Cleveland, Gaston, Mecklenburg, Lincoln, 
Catawba, Burke, Caldwell, Alexander, 
Iredell, Wilkes, Surry, Yadkin, Davie, 
Rowan, Cabarrus, Stanly, Davidson, For- 
syth, Guilford, Rockingham, and Stokes. 



DOCKET NO. T-273 ,; 

APPLICATION OF: Billings Transfer Corporation, Inc. 
Lexington, North Carolina 



HEARD IN: 
BEFORE: 



Greensboro, North Carolina, on January 12, 1950 
Robert G. Johnson, Commissioner ... 



APPEARANCES: 
For the Applicant: 

Stoner and Wilson, Attorneys at Law, 



Lexington, North Carolina 



For the Protestants: 

Copeland E. Adams, Attorney at Law, Blackstone, Virginia for The 
Transport Corporation, Vance Trucking Company, Inc., and Forbes 
Transfer Company 

JOHNSON, COMMISSIONER: This is an application wherein the 
above named applicant seeks a certificate under the provisions of Section 
7, of the North Carolina Truck Act of 1947, for authority to transport 
general commodities from Lexington, North Carolina, and within a forty 
mile radius of Lexington, North Carolina, on the one hand and from all 
points in North Carolina to Lexington, and within a radius of forty miles 



76 N. C. Utilities Commission 

on the other, and between all points in the forty mile radius. The 
forty mile radius covering the towns and cities located in the counties of 
Davidson, Forsyth, Davie, Rowan, Iredell, Yadkin, Stokes, Cabarrus, 
Stanley, Montgomery, Randolph and Guilford. Said application was 
received by the Commission on September 29, 1947. As shown by the 
records of the Commission, it did not contain at that time a report of 
said carrier's operations for any part of the year, 1946. Thereafter the 
applicant filed a report of operations for the month of December, 1946, 
on which temporary authority was issued on November 22, 1948, as 
authorized and required by Section 10 of said Act. Thereafter the 
applicant filed exceptions to said temporary authority within the time 
and as provided by the Commission's General Order in Docket No. 4066-B 
and upon examining same, the Commission failed to find sufficient 
evidence to justify the issuance of additional temporary authority, thus 
an order overruling the exceptions was issued on January 24, 1949. 

Protests were filed on December 28, 1949, by The Transport Corpora- 
tion, Vance Trucking Company, Inc., and Forbes Transfer Company. 

Upon the call of said cause for hearing, the applicant offered in 
evidence the original application with all exhibits as filed in this matter 
on September 29, 1947, also the temporary authority granted by the 
Commission to the applicant. 

Protestants' Counsel requested the dismissal of the application on the 
grounds that applicant has not proven continuous operation, but the 
motion was denied. 

Upon cross examination by Protestants' Counsel, applicant stated that 
he had been in business since 1922, in the transportation of general 
commodities and had transported general commodities during repre- 
sentative month of December, 1946, with the exception of Leaf Tobacco, 
which was not shown in his exhibits. Protestants' Counsel opposed the 
handling of tobacco by applicant. 

Upon consideration of the application and all the evidence in support 
thereof, the Hearing Commissioner makes the following findings and 
recommended order: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 



Decisions and Adjustments of Complaints 77 

transportation of the same as particularly set out in Exhibit B attached 
hereto. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B attached hereto and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a copy to the 
attorney for each protestant of record in this cause, and a formal 
certificate be issued to the applicant in accordance with said findings 
and order. 

Issued by order of the Commission. 

This 30th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 

(SEAL) 

DOCKET NO. T-273 Billings Transfer Corporation, Inc. 
Irregular Route Common Carrier 
West 1st Ave., Lexington, North Carolina 

EXHIBIT B General commodities except Leaf Tobacco 

and those requiring special equipment 
between all points and places within a 
radius of 75 miles of Lexington. 

DOCKET NO. T-243 

ORDER 

APPLICATION OF: D. J. Black, d/b/a Black's Motor Express 
1902 South Front Street 
Wilmington, North Carolina 

HEARD IN: Wilmington, N. C, on April 12, 1950 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: 

For the Applicant: 

Mr. Addison Hewlett, Jr., Attorney at Law, Wilmington, N. C. 

For the Protestants: 

Mr. J. Ruffin Bailey, Attorney at Law, Bailey and Holding, 
Attorneys at Law, Raleigh, N. C, for Fredrickson Motor Express, 
Helms Motor Express and Miller Motor Express. 



78 N. C. Utilities Commission 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc. 
and Forbes Transfer Company. 

Mr. J. A. Myatt, Attorney at Law, High Point, N. C, for 
Associated Petroleum Carriers. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 10:00 a.m. on 
April 12, 1950, at the New Hanover County Courthouse, Wilmington, N. C. 
Applicant seeks a certificate under Section 7 of the 1947 Truck Act to 
transport petroleum and petroleum products in bulk in tank trucks over 
irregular routes from Wilmington and points and places within five miles 
thereof and from Morehead City, River Terminal, Salisbury, Thrift and 
Friendship to points and places within the following counties: New 
Hanover, Columbus, Robeson, Richmond, Craven, Iredell, Yadkin, Scot- 
land, Durham, Vance, Cumberland, Bladen, Sampson, Wayne, Nash, 
Greene, Lenoir, Pitt, Onslow, Pamlico and Carteret; general commodities 
except those requiring special equipment over irregular routes between 
all points and places in the counties of Guilford, Robeson, Columbus, 
New Hanover, Bladen, Sampson, and Wake; from Wilmington to all 
points and places in the counties of Scotland, Lee, Cumberland, Harnett, 
Johnston, Wayne, Duplin and Lenoir. 

Mr. D. J. Black testified that the application and exhibits attached 
thereto were prepared under his instructions and from records made of 
the 1946 operations. Application, exhibits attached thereto, temporary 
authority dated June 5, 1948, exceptions filed July 6, 1948, revised 
temporary authority dated December 9, 1948, with exhibits attached 
thereto were offered in evidence supporting grandfather application. 
Mr. Black was cross-examined by the protestants. Protestants offered 
no evidence. Applicant and protestants waived the filing of proposed 
findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 



Decisions and Adjustments of Complaints 



79 



report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accord- 
ance with said findings and order. 

Issued by order of the Commission. 
This 9th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



DOCKET NO. T-243 



D. J. Black, d/b/a Black's Motor Express 
1902 South Front Street 
Wilmington, North Carolina 



EXHIBIT B 



Transportation of petroleum and petroleum 
products in bulk in tank trucks over 
irregular routes from Wilmington and 
points and places within five miles thereof 
and from Morehead City, River Terminal, 
Salisbury, Thrift and Friendship to points 
and places within the following counties: 
New Hanover, Columbus, Robeson, Rich- 
mond, Craven, Iredell, Yadkin, Scotland, 
Durham, Vance, Cumberland, Bladen, 
Sampson, Wayne, Nash, Greene, Lenoir, 
Pitt, Onslow, Pamlico, and Carteret. 
General commodities except those requir- 
ing special equipment over irregular routes 
between all points and places in the 
counties of Guilford, Robeson, Columbus, 
New Hanover, Bladen, Sampson and Wake; 
from Wilmington to all points and places in 
the counties of Scotland, Lee, Cumberland, 
Harnett, Johnston, Wayne, Duplin and 
Lenoir. 



80 N. C. Utilities Commission 

DOCKET NO. T-243 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

D. J. Black and R. L. Burnett, d/b/a Black's ) 

Motor Express, 1902 S. Front St., Wilmington, ) AMENDED ORDER 

N. C. ) 

On May 9, 1950, an order was entered granting to D. J. Black, d/b/a 
Black's Motor Express, certain operating authority for the transportation 
of petroleum and petoleum products in bulk in tank trucks over irregular 
routes from Wilmington and points and places within five miles thereof 
and from Morehead City, River Terminal, Salisbury, Thrift and Friend- 
ship to points and places within twenty-one counties named therein. 
The record, upon further investigation and inquiry, shows that this was 
a grandfather application and that the following counties should have 
been included in said rights granted but were omitted and the attention 
of the Commission has been directed thereto, said counties being 
Mecklenburg, Harnett, Wilson, Edgecombe, Halifax and Martin. Certifi- 
cate No. C-11 should be amended to include said six counties omitted in 
the order above referred to. 

IT IS, THEREFORE, ORDERED that Certificate No. C-11 be amended 
by adding to said certificate the following counties: Mecklenburg, 
Harnett, Wilson, Edgecombe, Halifax and Martin. 

Issued by order of the Commission. 
This the 28th day of December, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-277 

FINAL ORDER 

APPLICATION OF: Bottoms-Fiske Truck Lines, Inc. 
High Point, North Carolina 

HEARD IN: Raleigh, North Carolina, February 2, 1949 

BEFORE: Fred C. Hunter and R. G. Johnson, Commissioners 

APPEARANCES: 

For the Applicant: 

David A. Fiske, High Point, North Carolina 

For the Protestant: 

J. E. Bullock, Wilson North Carolina 

For Thurston Motor Lines, Inc., Wilson, North Carolina 



Decisions and Adjustments of Complaints 81 

Upon the call of this application for hearing, the applicant offered the 
application in evidence and rested. Protestant offered no testimony. 

Upon consideration of the above application, the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit A hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit A attached and made a part hereof, 
and a certificate therefor be issued to said applicant. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause. 

Issued this 10th day of February, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Comm.issioner 

Attest: 

Elsie G. Riddick, Chief Clerk 

DOCKET NO. T-277 Bottoms-Fiske Truck Lines, Inc. 

Thomasville Road, High Point, N. C. 
(Regular route common carrier) 

EXHIBIT A — • General commodities, except those requiring special 
equipment. 

Regular Routes 
Route 1. From Gastonia, N. C, to N. C. - Va. Line via 
f U. S. Highway No. 29 and 29A. From U. S. 

Highway No. 29 to Cramerton via unnum- 
bered Highway and return. From U. S. 
Highway No. 29 to Belmont via N. C. 
Highway No. 7. 



82 



N. C. Utilities Commission 



Route 2. From Charlotte to Salisbury via U. S. 
Highway No. 21 to Mooresville; thence N. C. 
Highway 150. 

Route 3. High Point to Madison over U. S. Highway 
No. 311. 

Route 4. From Greensboro to the N. C. - Va. Line via 
U. S. Highway 220. 

Route 5. From Winston-Salem to Kernersville via 
N. C. Highway 150. 

Route 6. From Reidsville to the N. C. - Va. Line via 
N. C. Highv/ay No. 87. 

Route 7. From Spray to Draper over N. C. Highway 
No. 770. 



Route 8. From Reidsville to Roxboro over U. S. 
Highway No. 158. 

Route 9. From Roxboro to the N. C. - Va. Line over 
U. S. Highway No. 501. 

Route 10. From Greensboro to Raleigh over U. S. 
Highway 70 and 70A. Between Burlington 
and Swepsonville via Graham and N. C. 
Highway No. 87 and unnumbered highway. 

Route 11. From Whitsett to Burlington via N. C. 
Highway No. 100. 

Route 12. From Creedmore to Franklinton via N. C. 
Highway No. 56. 

Route 13. From Oxford to Durham over U. S. Highway 
No. 15. 

Route 14. From Oxford to Elizabeth City via U. S. 
Highway No. 158. From junction of N. C. 
Highway No. 47 with U. S. Highway No. 158 
to Roanoke Rapids. 

Route 15. From the junction of U. S. Highway No. 311 
with unnumbered county road about 5 miles 
northwest of High Point via above unnum- 
bered county road to Kernersville. 

Route 16. From Burlington to Ossipee via N. C. 
Highway No. 87 

Return over above described routes serving all intermediate points. 



Decisions and Adjustments op" Complaints 83 

DOCKET NO, T-278 

FINAL ORDER 

APPLICATION OF: H. G. Branch, d/b/a 
Branch's Transfer 
Lumberton, North Carolina 

HEARD IN: Raleigh, North Carolina, on September 13, 1949 

BEFORE: Commissioner Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

Henry A. McKinnon, Attorney at Law, Lumberton, N. C. 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C, 
for Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express and Miller Motor Express. 

HUNTER, COMMISSIONER: Reference is made to the former pro- 
ceedings in the above docket, including the order of the Commission 
dated December 28, 1948, exceptions filed to said order by both the 
above named applicant and the protestants, a petition for rehearing 
filed by said pai'ties and the Commission's order dated May 20, 1949, 
allowing the petitions for rehearing. 

The cause now comes before the Commission on said petitions for a 
rehearing and upon calling of said docket, the parties entered into certain 
stipulations which were approved by the Commission and which obviate 
a further hearing in the matter. Said stipulations being that the second 
paragraph of Exhibit B attached to the Commission's order of December 
28, 1948, to wit: "General commodities in truck loads to and from points 
within a radius of seventy-five miles of Lumberton" be stricken out and 
inserted in lieu thereof the operating authority herein particularly 
set out in Exhibit B hereto attached. 

It appears from the records of the Commission that the applicant 
holds Certificate No. 1008 issued by order of the Commission on July 17, 
1943, in Docket No. 2379, which said certificate authorizes the applicant 
to transport as a common carrier "tobacco in hogsheads, baskets and in 
sheets or other containers, and tobacco materials, cooperage stock, 
cotton in bales, and peanuts over irregular routes between all points and 
places in North Carolina where said commodities are transported" which 
section 6 of the North Carolina Truck Act directs the Commission to 
reissue. 

Pursuant to the stipulations herein above referred to and upon 
consideration of said Certificate No. 1008, 

IT IS HEREBY ORDERED that a certificate be issued to said appli- 
cant, authorizing operations as particularly set out in Exhibit B hereto 
attached. 



84 



N. C. Utilities Commission 



Issued by order of the Commission. 

This 26th day of September, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-278 H. G. Branch, d/b/a Branch's Transfer, irregular 
route common carrier, Lumberton, North Carolina 



EXHIBIT B 



Transportation of; 

1. Tobacco in hogsheads, baskets, sheets or other 
containers, tobacco materials, cooperage stock, 
cotton in bales and peanuts over irregular routes 
between all points and places in North Carolina 
where said commodities are transported. 

2. Petroleum products in bulk in tank trucks 
from originating terminals at or near Wilmington, 
Morehead City, River Terminal, Thrift, Friend- 
ship and Salisbury to points and places in the 
counties of Robeson, Bladen and Columbus. 

3. Heavy commodities, including machinery, 
property and equipment of such length, weight, 
bulk or other unusual characterictics as to require 
special vehicles or special facilities for handling, 
such as heavy road machinery, heavy textile, 
electrical, or shop machinery, large tanks, boilers, 
structural steel, pipe, monuments, grave vaults, 
bank vaults, houses and other property of such 
unusual nature as to require special services or 
special facilities, such as dismantling or resetting 
machinery, or the use of hoists, rigging, skidding, 
or other similar devices in moving or placing. 

4. Agricultural commodities, including unman- 
ufactured farm, dairy and orchard products, in- 
cluding wheat, corn, oats, peanuts, potatoes, 
melons, fruits, vegetables, cotton seed, cotton seed 
meal and hulls, seeds, feeds, poultry, eggs and 
other farm produce. 

5. Fertilizer and fertilizer materials, including 
ordinary commercial fertilizer, fish scrap, lime, 
manure and related soil fertilization materials in 
truck loads. 

6. Forest products, including logs, poles, piling, 
pulpwood, crossties, slabs, fence posts and other 
raw products of the forest. 

7. Building materials, including lumber, rough 



Decisions and Adjustments of Complaints 



85 



or dressed, flooring, weatherboarding, sheeting, 
roofing, cut stone, slats, tile, brick, cement, and 
cinder blocks and other building materials usually 
transported in flatbed trucks. 

8. Livestock, including horses, mules, cattle, 
hogs, sheep and other livestock. 

9. Sand, gravel, dirt, debris and coal. 

10. Furniture factory goods and supplies, in- 
cluding materials used in the manufacture of 
furniture and the manufactured products when 
hauled to or from such manufacturing plants. 

11. Household goods as described by the Inter- 
state Commerce Commission in Ex Parte No. 
MC 19. 

12. Insecticides, milk in containers and empty 
milk containers, soft drink in bottles and empty 
soft drink bottles. 

The services herein authorized as described in 
paragraphs 3 through 12 are limited to (1) trans- 
portation to and from points and places in Robe- 
son County, (2) from points and places in Robe- 
son County to points and places within a radius 
of 150 miles from Lumberton and (3) from points 
and places within 150 miles of Lumberton to 
points and places in Robeson County. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-279 

ORDER 

Selby Brewer 

Route 1, Wilson, North Carolina 

Wilson, N. C, on March 24, 1950 

John Hill Paylor, Examiner 



For the Applicant: 

No Attorney. Applicant appeared in person. 

For the Protestants: ., .• 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc., 
and Forbes Transfer Company. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 



86 N. C. Utilities Commission 

PAYLOR: 

Applicant filed application under Section 7 of thie 1947 Truclc Act, 
which said application was calendared for hearing at 9:30 a.m. on March 
24, 1950, at the Wilson County Courthouse, Wilson, N. C. Applicant seeks 
a certificate under Section 7 of the 1947 Truck Act to transport cottonseed, 
fertilizer and machinery over irregular routes from Seaboard, Benson, 
St. Pauls, and Wilson Mills to Wilson, N. C; unmanufactured tobacco 
over irregular routes from Smithfield to Wilson and Oxford. 

Applicant testified that the application and exhibits attached thereto 
were prepared under his instructions and from records made of the 1946 
operations. Application, exhibits attached thereto, temporary authority 
dated August 25, 1948, and exhibit attached thereto was offered in 
evidence supporting grandfather application. Applicant testified that he 
had been hauling by truck for Farmers Cotton Oil and Fertilizer 
Company, Wilson, N. C, for more than fifteen years; that during 1946, 
he transported cottonseed, fertilizer, feed and machinery for said 
corporation over a 150 mile radius of Wilson, N. C; that in addition 
thereto, he hauled leaf tobacco from farm to market and that a stipula- 
tion was entered into by the applicant and protestants to the effect that 
if certificate was granted by the Commission that there would be excepted 
therefrom unmanufactured tobacco and accessories. Protestants offered 
no evidence. Applicant and protestants waived the filing of proposed 
findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and teritory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. 



Decisions and Adjustments of Complaints 87 

Issued by order of the Commission. 

This 18th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-279 Selby Brewer ■ 

Route 1, Wilson, N. C. ..,. . .,■..•: 

EXHIBIT B Cottonseed, fertilizer, feeds, machinery over 

irregular routes between all points and places 
within a 150 mile radius of Wilson, N. C. 
Leaf tobacco from farm, to market. 

DOCKET NO. T-410 

APPLICATION OF; J. F. Bridgers, d/b/a Bridgers Transfer ., 
Rowland, North Carolina 

HEARD IN: Laurinburg, N. C, on February 24, 1950 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: .. 

For the Applicant: •■;. - .--■ . ■ - 

Not represented by counsel. 

For the Protestants: 

Mr. J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, 
Raleigh, N. C, for Fredrickson Motor Express, Mrs. Mable D. 
Burton, d/b/a Helms Motor Express and Miller Motor Express. 
Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc., 
and Forbes Transfer Company. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 9:30 o'clock a.m., 
February 24, 1950. Applicant seeks a certificate under Section 7 of the 
1947 Truck Act to transport general commodities throughout the entire 
state of North Carolina and filed a demand for hearing. 

Applicant testified that the application and exhibits attached thereto, 
as well as supplemental exhibits, were prepared under his instructions 
and from records made of the 1946 operations. Application, exhibits 
attached thereto, temporary authority, exceptions, revised temporary 
authority and demand for hearing were offered in evidence supporting 
grandfather application. Applicant stated that he had been operating a 
trucking business for several years prior to 1946 and had hauled general 



88 N. C. Utilities Commission 

commodities throughout the entire state of North Carolina. Applicant 
was cross-examined by the protestants. Applicant offered witnesses 
Mr. Paul Smith, Mr. Ingram, Mr. Townsend and Mr. Beech, all of whom 
testified as to the operations of applicant during 1946. Each of said 
witnesses were cross-examined by the protestants. Protestants offered 
no evidence. Applicant and protestants waived the filing of proposed 
findings of fact and conclusions of law and briefs. 

The Examiner finds: 

( 1 ) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1. 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a iormal certificate issued to the applicant in accordance 
with said findings and order. 

Issued by order of the Commission. 

This 29th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-410 J. F. Bridgers, d/b/a Bridgers Transfer 
Irregular Route Common Carrier 
Rowland, North Carolina 

EXHIBIT B ■.:.. . General commodities between the points and 

places in the area of the state east of the Counties 

of Transylvania, Haywood, Madison, Yancey, 

■ ■ Mitchell, Avery, Watauga, Ashe, Alleghany and 

west of Counties of Onslow, Jones, Carteret, 

••• . '■ ■ ■ Pamlico, Beaufort, Washington and Chowan. 



Decisions and Adjustments of Complaints 89 

DOCKET NO. T-280 

APPLICATION OF: Lacy D. Britt 

730 East Eighth Street 
Lumberton, North Carolina 

HEARD IN: Lauringburg, N. C, on February 23, 1950 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: 

For the Applicant: 

Mr. Ellis E. Page, Box 892, Lumberton, N. C. 

For the Protestants: 

Mr. J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, 
Raleigh, N. C, for Fredriokson Motor Express, Mrs. Mable D. 
Burton, d/b/a Helms Motor Express and Miller Motor Express. 
Mr. Copeland E. Adams, Blackstone, Virginia, Attorney for The 
Transport Corporation, Vance Trucking Compnay, Inc., and Forbes 
Transfer Company. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 3:00 p.m. on 
February 23, 1950. Applicant seeks a certificate under Section 7 of the 
1947 Truck Act to transport general commodities, except those requiring 
special equipment over irregular routes between points and places 
within the following Counties: Buncombe, Mecklenburg, Forsyth, 
Davidson, Guilford, Anson, Richmond, Scotland, Robeson, Columbus, 
New Hanover, Bladen, Duplin, Sampson, Cumberland, Lee, Wayne, 
Wake, Rowan, Alamance, Durham, Montgomery, Hoke and Johnston. 

Applicant testified that the application and exhibits attached thereto 
were prepared under his instructions and from the records made of the 
1946 operations. Application, exhibits attached thereto and Temporary 
Authority No. C-105 were offered in evidence supporting grandfather 
application. Applicant stated that he was operating a trucking business 
in 1946. Applicant was cross-examined by the protestants. Protestants 
offered no evidence. Applicant and protestants waived the filing of 
proposed findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 



90 



N. C. Utilities Commission 



carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as partcularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. ,,;••,■■ ■ -. 

Issued by order of the Commission. 

This 9th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



DOCKET NO. T-280 



EXHIBIT B 



Lacy D. Britt 

730 East Eighth Street 

Lumberton, North Carolina 

Transportation of general commodities, except 
those requiring special equipment and except un- 
manufactured leaf tobacco and related commodi- 
ties described in N.C.U.C. Docket No. 2417 over 
irregular routes between points and places within 
the following Counties: Buncombe, Mecklenburg, 
Forsyth, Davidson, Guilford, Anson, Richmond, 
Scotland, Robeson, Columbus, New Hanover, 
Bladen, Duplin, Sampson, Cumberland, Lee, 
Wayne, Wake, Rowan, Alamance, Durham, Mont- 
gomery, Hoke and Johnston. 

Limitation: Truck load only. 



APPLICATION OF: 



DOCKET NO. T-137 

ORDER 

C. L. Britt, d/b/a 
Britt Transportation Company 
515 Edgecombe Street 
Rocky Mount, North Carolina 



Decisions and Adjustments of Complaints 91 

HEARD IN: Raleigh, North Carolina, on May 3, 1949 

BEFORE: Commissioners Fred C. Hunter and R. G. Johnson 

APPEARANCES: 

For the Applicant: 

Ruark and Ruark, Attorneys at Law, Raleigh, N. C. 

For the Protestants: 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
N. C, for Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express and Miller Motor Express 
J. E. Bullock, Wilson, N. C, for Thurston Motor Lines, Inc. 

HUNTER, COMMISSIONER: The above application was filed with 
the Commission on September 23, 1947, under the provisions of Section 7 
of the North Carolina Truck Act for a certificate as provided in said 
section. Upon an analysis of the operations shown to have been performed 
during the year 1946, the Commission issued to said applicant temporary 
authority authorizing the transportation of general commodities over 
irregular routes between points and places in the counties of Guilford, 
Durham, Wake, Lee, Harnett, Johnston, Wayne, Lenoir, Carteret, New 
Hanover, Northampton, Halifax, Nash, Edgecombe, Martin, Bertie, Pitt 
and Beaufort. The application, which was offered in evidence, shows 
shipments made by the applicant to or from points in the counties above- 
named during the year 1946. The commodities shown to have been 
transported by said applicant during the year 1946 includes molasses, 
brick, corn, livestock, cement blocks, peanuts, potatoes, onions, fertilizer, 
cotton in bale, steel, vegetables, flour and feed. The applicant testified 
at said hearing that he had been in continuous operation for many years, 
that he suspended operations some days before the hearing for the 
reason that his insurance covering his equipment had expired. He stated 
that the required insurance would be put into effect immediately and 
operations resumed. The records of the Commission show that this was 
done. 

Protestants offered no evidence but moved that the application be 
dismissed, which motion was overruled and protestants excepted. 

Upon consideration of the application and the exhibits thereto 
attached and made a part thereof and upon consideration of the oral 
testimony offered by the applicant at said hearing, the Commission is 
of the opinion and finds that the temporary authority issued to said 
applicant fairly represents the nature, scope and extent of said applicant's 
operations as of January 1, 1947, and subsequent to that time, and the 
Commission further finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said section, 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 



92 N. C. Utilities Commission 

carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy thereof to counsel for protestants and that a formal 
certificate be issued to the applicant in accordance with the order herein. 

Issued by order of the Commission. 

This 24th day of August, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-137 C. L. Britt, d/b/a Britt Transportation Company, 
irregular route common carrier. Rocky Mount, 
North Carolina 

EXHIBIT B Transportation of general commodities except 

those requiring special equipment over irregular 
routes between points and places in the counties 
of Guilford, Durham, Wake, Lee, Harnett, Johns- 
ton, Wayne, Lenoir, Carteret, New Hanover, 
Northampton, Halifax, Nash, Edgecombe, Martin, 
Bertie, Pitt and Beaufort. 

Note: This carrier has certain operating rights 
under Certificate No. 1018 issued under prior law. 



DOCKET NO. T-67I 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
Application of B. B. Bullard, Winston-Salem, North ) „ 

Carolina, for a Permit to operate as a contract carrier ) 

The above-named carrier made application to the Commission on 
April 16, 1949, for a permit to operate as a contract carrier to and from 
points within a radius of twenty-five (25) miles of Winston-Salem in 
the transportation of commodities described in Group 15 under Rule 10 



Decisions and Adjustments of Complaints 93 

of the Commission's Rules and Regulations, which said group includes 
the delivery of merchandise from retail stores to their customers, and 
the return or exchange of such merchandise. Due notice of said applica- 
tion was given to other carriers as required by law, which said notice 
fixed the time and place of the hearing, and the time within which 
protests, if any, should be filed with the Commission to said application. 
No protests were filed within the time prescribed, and no protests have 
been filed with the Commission up to the date hereof. 

Under authority of Section 11 (5), the Commission has given con- 
sideration to said application without a public hearing, and finds that 
the proposed servce is not inconsistent with the public interest, that the 
applicant is qualified to perform the service and has on file with the 
Commission a contract with a shipper, which said contract complies with 
the law and with the rules of the Commission as a contract between a 
shipper and a contract carrier. 

IT IS, THEREFORE, ORDERED: 

That a permit be issued to B. B. BuUard as particularly set out in 
Exhibit A hereto attached. 

Issued by order of the Commission. 

This 26th day of August, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-671 B. B. Bullard, Contract Carrier, 
Winston-Salem, North Carolina 

EXHIBIT A Transportation of merchandise from retail stores 

to their customers, and the return or exchange of 
such merchandise, under individual bilateral 
contracts with shippers, to and from points within 
a radius of twenty-five (25) miles of Winston- 
Salem. 



DOCKET NO. T-226 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

The application of Burton Lines, Inc., of 577 South Scales ) 

Street, Reidsville, North Carolina, for a certificate ) 

authorizing the transportation of general commodities, ) ORDER 

except those requiring special equipment, over irregular ) 

routes between points and places in certain counties ) 

within the State of North Carolina. ) 

Heard in Raleigh, North Carolina on June 27, 1949 
Before Commissioner Edward H. McMahan 



94 N. C. Utilities Commission 

Appearances : 

For the Applicant: 

William T. Hatch, Attorney at Law, 806 Lawyers Building, Ra- 
leigh, North Carolina. 

For the Protestants: 

I. M. Bailey, Attorney at Law, of the law firm of Bailey & Hold- 
ing, Raleigh, North Carolina, for Fredrickson Motor Express, 
Mrs. Mabel D. Burton, d/b/a Helms Motor Express and Miller 
Motor Express. 

MCMAHAN, COMMISSIONER: Burton Lines, Inc. made application 
in September, 1947, for a certificate under the provisions of Section 7 
of the North Carolina Truck Act for authority to transport general com- 
modities, except these requiring special equipment, between points and 
places throughout the state of North Carolina. The information filed 
with the application, in the form of exhibits, showed that the applicant 
during the year 1946, was transporting general commodities over irregu- 
lar routes in the state of North Carolina, between points and places 
within the hereinafter listed counties in said state of North Carolina, 
and upon consideration of said application, there was granted temporary 
authority to the applicant to transport general commodities, except 
those requiring special equipment, over irregular routes between points 
and places in the following counties: 

Mecklenburg Alamance Edgecombe 

Surry Person Wayne 

Stokes Durham Lenoir 

Forsyth Wake Craven 

Davidson Franklin Sampson 

Rockingham Vance Robeson 

Guilford Warren Columbus 

When this cause came on for hearing before the hearing Commis- 
sioner, the applicant offered into evidence application containing all 
exhibits, and further offered oral testimony in support of said applica- 
tion, and describing the operation of said applicant during the year 
1946. That the applicant failed to show either in his application with 
exhibits attached thereto, or from his oral testimony a full and com- 
plete report of his operations for one or more full calendar months dur- 
ing the year 1946; but that said applicant did show a report of opera- 
tions extending from April, 1946 to December of said year 1946, show- 
ing a representative report of his operations during said months. Sec- 
tion 7 of the North Carolina Truck Act, under which this application 
was made, requires under sub section (2) (b) "A full and complete 
report of the operations of the carrier or its predecessor for one or 
more full calendar months during the year 1946 chosen by the carrier 
as being a representative of the nature, extent and frequency of its 
continuous operations from January 1st, 1947, to the date the applica- 
tion is filed, which report for the month or months covered shall give 
the date of each intrastate shipment, the waybill number, or other 
identification number, if any, the point of origin, point of destination, a 



Decisions and Adjustments of Complaints 95 

general description of the commodity transported, its weight and the 
transportation charges received." Exhibit 3 attached to the applicant's 
application complied with this sub section of Section 7 of said Truck 
Act in every respect, including the showing of operations for one or 
more months during the year 1946, but the applicant's oral testimony 
tended to show that no complete report for any month during the year 

1946 was shown. 

The hearing Commissioner is of the opinion that sub section (2) (b) 
of Section 7 of the North Carolina Truck Act is merely suggestive in 
that it serves as a guide to any applicant applying for "grandfather 
rights" under the Truck Act, and the same should not be construed as 
to operate against an applicant substantially complying with the said 
sub section of section 7, who had actually been operating as a carrier 
in bona fide operations as a common carrier by motor vehicle on Janu- 
ary 1, 1947; and the Commissioner finds as a fact that the application, 
exhibits and testimony of the applicant herein is in substantial com- 
pliance with the requirements of section 7 of the North Carolina Truck 
Act. 

The protestants protest the granting of a certificate to the applicant 
not only on the grounds that he has not fully complied with Section 7 
of the North Carolina Truck Act, but for the further reason that the 
applicant is now operating and has been operating prior to January 1, 

1947 under section 6 of the Truck Act over irregular routes as described 
in Certificate No. 1006, and that since said applicant is operating under 
a Certificate heretofore granted by the Commission, that he would 
have had no legal right to carry on any operation prior to January 1, 
1947 to entitle him to rights under Section 7, or the "grandfather" 
clause of the Truck Act. This contention on the part of the protestants 
cannot be sustained, and the Hearing Commissioner holds that regard- 
less of any other operating rights, which the applicant may have had, 
that if he were operating as a common carrier by motor vehicle, and 
complied with Section 7 of the North Carolina Truck Act, he is entitled 
to a certificate as such common carrier. 

It appears from the application, exhibits and temporary authority 
granted to the applicant herein that the applicant was operating as 
a common carrier, transporting general commodities, except those re- 
quiring special equipment, over irregular routes between points and 
places within the counties hereinafter designated, and the hearing Com- 
missioner finds as a fact that said applicant was so operating as a 
common carrier on January 1, 1947, and that he has complied with all 
requirements under Section 7 of the North Carolina Truck Act. 

IT IS, THEREFORE, ORDERED 

That Burton Lines, Inc. be, and it is hereby granted authority to 
operate as a common carrier transporting general commodities, except 
those requiring special equipment, over irregular routes between points 
and places in the following counties: 



96 N. C. Utilities Commission 

Mecklenburg Alamance Edgecombe 

Surry Person Wayne 

Stokes Durham Lenoir 

Forsyth Wake Craven 

Davidson Franklin Sampson 

Rockingham Vance . Robeson 

Guilford Warren Columbus 

and it is therefore ordered that a certificate to this effect be issued. 

IT IS FURTHER ORDERED that a copy of this Order be furnished 
to the applicant and its attorney, and a copy to the protestants, Fred- 
rickson Motor Express, Mrs. Mabel D. Burton, d/b/a Helms Motor 
Express, and Miller Motor Express, through their attorney of record, 
I. M. Bailey of the law firm of Bailey & Holding, Raleigh, North Caro- 
lina. 

Issued by order of the Commission. 

This 20th day of August, 1949. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-163 

ORDER 

APPLICATION OF: W. L. Butler, d/b/a 

W. L. Butler Transfer 
Elizabethtown, North Carolina 

HEARD IN: Raleigh, North Carolina, on November 3, 1949 

BEFORE: M. B. Glover, Examiner 

APPEARANCES: 

For the Applicant: 

Arch T. Allen, Attorney at Law, Raleigh, N. C. 

For the Protestants: 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
N. C, for Fredrickson Motor Express, Charlotte, N. C; Mrs. 
Mabel D. Burton, d/b/a Helms Motor Express, Albemarle, N. C; 
and Miller Motor Express, Charlotte, N. C. 

Copeland E. Adams, Attorney at Law, Blackstone, Va., for The 
Transport Corporation, Blackstone, Va. 

GLOVER, EXAMINER: This is an application filed with the Commis- 
sion on September 24, 1947, for a certificate under the provisions of 
Section 7 of the North Carolina Truck Act, seeking authority to trans- 
port general commodities, except those requiring special equipment. 



Decisions and Adjustments of Complaints 97 

over irregular routes between points and places within the following 
counties: Buncombe, Iredell, Guilford, Randolph, Vance, Wake, Chat- 
ham, Lee, Harnett, Wayne, Greene, Robeson, Cumberland, Sampson, 
Bladen, New Hanover, Lenoir, Nash, Edgecombe, Alamance, Orange, 
Columbus, Granville, Rowan, Person, Beaufort, Forsyth, Mecklenburg, 
Davie, Durham, Onslow, Davidson, Caldwell, Wilson, Johnston, Hoke 
and Brunswick. 

Said application was referred by order of the Commission on No- 
vember 17, 1949, to M. B. Glover, Examiner, for hearing, report and 
recommended order. 

Upon an analysis of the application, the Commission issued tem- 
porary authority on said application on September 23, 1948, as pro- 
vided by Section 10 of the North Carolina Truck Act, along with in- 
structions for filing exceptions to said temporary authority. Thereafter 
on November 6, 1948, and within the time allowed for filing exceptions 
to said temporary authority, applicant filed exceptions to same which 
were considered by the Commission, and temporary authority was re- 
vised and re-issued on January 13, 1949. 

Protests were filed by Fredrickson Motor Express, Mrs. Mabel D. 
Burton, d/b/a Helms Motor Express, Miller Motor Express and The 
Transport Corporation, of Blackstone, Virginia. 

At the time of the hearing, the applicant offered in evidence the 
original application, together with all exhibits thereto attached, includ- 
ing the temporary authority, exceptions thereto and oral testimony by 
the applicant. The applicant elected to file with his application a re- 
port of his operations, as provided by Section 7 (b) of the North Caro- 
lina Truck Act. Said report lists shipments handled during part of the 
year 1946, from which the Examiner finds that the applicant was en- 
gaged in the transportation of general commodities and was so engaged 
on January 1, 1947. The application offered in support thereof and the 
oral testimony of the applicant appear to justify the applicant's claim 
to the irregular route operation as shown in Exhibit B hereto attached. 

Upon consideration of the application, the exhibits thereto attached 
and the oral testimony by the applicant, the Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as an irregular 
route common carrier of property by motor vehicle in intrastate com- 
merce during the year 1946, and was so operating on January 1, 1947, 
and has continued to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 



98 



N. C. Utilities Commission 



portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby authorized, to operate as 
an irregular route common carrier of property by motor vehicle in 
intrastate commerce as particularly set out in Exhibit B hereto attached 
and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy thereof to the applicant's attorney and a copy to the 
counsel for the protestants in this cause, and a formal certificate be 
issued to the applicant in accordance with said findings and order. 

Issued by order of the Commission. 

This 20th day of February, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-163 W. L. Butler, d/b/a W. L. Butler Transfer, ir- 
regular route common carrier. Route 1, Box 66, 
Elizabethtown, North Carolina 



EXHIBIT B 



General commodities, except unmanufactured to- 
bacco and accessories, as set out in Docket No. 
2417, and those requiring special equipment be- 
tween points and places within the following 
counties: Buncombe, Iredell, Guilford, Randolph, 
Vance, Wake, Chatham, Lee, Harnett, Wayne, 
Greene, Robeson, Cumberland, Sampson, Bladen, 
New Hanover, Lenoir, Nash, Edgecombe, Ala- 
mance, Orange, Columbus, Granville, Rowan, 
Person, Beaufort, Forsyth, Mecklenburg, Davie, 
Durham, Onslow, Davidson, Caldwell, Wilson, 
Johnston, Hoke and Brunswick. 
LIMITATIONS: Truck load only. 



APPLICATION OF: 



HEARD IN: 
T^EFORE: 



DOCKET NO. T-281 

ORDER 

M. L. Byrd, t/a 
Byrd Motor Line 
806 West Green Street 
High Point, North Carolina 

Greensboro, N. C, on January 11, 1950. 

R. G. Johnson, Commissioner 



Decisions and Adjustments of Complaints 99 

APPEARANCES: 

For the Applicant: 

Mr. Robert M. Martin, Attorney at Law, High Point, North Caro- 
hna. 

For the Protestants: 

Mr. A. L. Mayland, Jr., Attorney at Law, 911 Guilford Building, 
High Point, N. C. for Colonial Motor Freight Lines, Inc. 

The above case which was regularly calendared for hearing was re- 
ferred to R. G. Johnson, Commissioner, under the 1949 Procedure Act. 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 10:30 a.m. on 
January 11, 1950, at the Guilford County Courthouse, Greensboro, N. C. 
Applicant seeks a certificate under Section 7 of the 1947 Truck Act to 
transport furniture over irregular routes from High Point to points in 
counties of Transylvania, Henderson, Buncombe, Gaston, Iredell, Rowan, 
Davie, Mecklenburg, Cabarrus, Rockingham, Union, Guilford, Alamance, 
Richmond, Durham, Scotland, Harnett, Wake, Robeson, Cumberland, 
Johnston, Nash, Edgecombe, Wayne, Columbus, Duplin, Pitt, Hertford, 
Bertie, Chowan, Lenoir, Pasquotank, Washington, Beaufort, Craven 
Onslow and New Hanover. 

Mr. M. L. Byrd, owner of Byrd Motor Line, testified that the appli- 
cation and exhibits attached thereto were prepared under his instruc- 
tions and from records made of the 1946 operations. Application, ex- 
hibits attached thereto, temporary certificate dated August 23, 1948, 
and exhibit attached thereto were offered in evidence supporting the 
grandfather application. Mr. H. R. Gillespie testified that he was Gen- 
eral Manager of Byrd Motor Line and that the operation was in effect 
in 1946 and had been continuous since January 1, 1947, and that the 
authority granted was based upon actual performance during the year 
1946. Protestants offered no evidence. Applicant and protestants 
waived the filing of proposed findings of fact and conclusions of law 
and briefs. 

The Commissioner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 



100 



N. C. Utilities Commission 



IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. 

Issued by order of the Commission. 

This 16th day of May, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-281 



EXHIBIT B 



M. L. Byrd, t/a 

Byrd Motor Line 

806 West Green Street 

High Point, North Carolina 

Transportation of furniture over irregular routes 
from High Point to points in counties of Trans- 
sylvania, Henderson, Buncombe, Gaston, Iredell, 
Rowan, Davie, Mecklenburg, Cabarrus, Rocking- 
ham, Union, Guilford, Alamance, Richmond, Dur- 
ham, Scotland, Harnett, Wake, Robeson, Cumber- 
land, Johnston, Nash, Edgecombe, Wayne, Co- 
lumbus, Duplin, Pitt, Hertford, Bertie, Chowan, 
Lenoir, Pasquotank, Washington, Beaufort, Cra- 
ven, Onslow and New Hanover. 



APPLICATION OF: 



HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. 187, SUB 2 
ORDER 

O. W. Cleaton, d/b/a 

C & S Transport Company 

P. O. Box 31 

Wilmington, N. C. 

Wilmington, N. C, on April 12, 1950 
John Hill Payior, Examiner 



For the Applicant: 

Mr. R. Mayne Albright, Attorney at Law, 804 Insurance Building, 
Raleigh, N. C. 



Decisions and Adjustments of Complaints 101 

For the Protestants: 

Mr. J. A. Myatt, Attorney at Law, Box 1307, High Point, N. C. for 
The Associated Petroleum Carriers. 

This hearing was assigned to John Hill Paylor, Examiner, under the 
1949 Procedure Act. 

Applicant filed application under Section 11 of the 1947 Truck Act, 
which said application was calendared for hearing on April 12, 1950, 
at 9:30 o'clock a.m. at the New Hanover County Courthouse, Wilming- 
ton, N. C. Applicant seeks authority to transport liquid petroleum prod- 
ucts over irregular routes throughout the entire area of North Carolina. 
The group referred to being Group 3 of Rule 10 of the Commission's 
Rules and Regulations for the Administration of the North Carolina 
Truck Act. 

Mr. O. W. Cleaton testified that many demands were made for the 
proposed service, that the same was not being performed in a satisfac- 
tory manner by the other carriers operating in the area, and that he 
is in a position to provide the service in a satisfactory manner if author- 
ized by the Commission to do so. He further testified that he has equip- 
ment, the experience and the necessary financial means to provide 
the proposed service. The applicant offered two shipper witnesses, Mr. 
A. G. Smith, Zone Manager for the Texas Company and Mr. Joseph 
Mighton, Superintendent of Socona Vacum Company, each of whom 
testified with respect to the need for the proposed service. Mr. A. G. 
Smith testified that his company served practically all counties in the 
state and that he had been inconvenienced in having deliveries made 
in Carteret County, Columbus County and Anson County and in sev- 
eral of the other northwestern counties; that most of the inconvenience 
was during the tobacco season and was seasonal in nature, that there 
was a need for additional service within 200 miles of Wilmington, N. C. 
Mr. Joseph Mighton testified that there was a need for additional oper- 
ating rights over an area of 250 miles of Wilmington, N. C; that he 
had been inconvenienced several times in securing a carrier to haul 
his products to places and points where he had accounts; that a public 
demand and need exists for a carrier to perform the services such 
as applied for by the applicant. 

The protestant offered as witnesses Mr. R. L. Brinson, Jr., Secretary 
of the Southern Oil Transportation Company, Mr. W. E. Sessom and 
Mr. D. J. Black, each of whom testified as to the equipment owned by 
their companies and the territory over which they served; that they 
had, insofar as they knew, met all demands made upon them and that 
they had sufficient equipment and were in position to take care of 
the needs of the public throughout the State of North Carolina. The 
applicant and protestant waived filing of findings of fact and brief. 

Upon consideration of testimony set out herein, the Examiner is of 
the opinion and finds public convenience and necessity for the proposed 
service to the extent as set out in Exhibit B hereto attached and made a 



102 N. C. Utilities Commission 

part hereof. He further finds that applicant is qualified to perform the 
service to the extent set out in the said exhibit. 

IT IS, THEREFORE, ORDERED: 

(1) That the applicant be, and is hereby, granted authority to oper- 
ate as a common carrier in intrastate commerce over irregular routes 
in the transportation of the commodities described within the territory 
described as particularly set out in Exhibit B subject to the following 
conditions: 

(a) That the operations under the authority herein granted shall 
begin thirty days from the date hereof, and which shall not hereafter 
be suspended or discontinued without notice to and written consent 
from the Commission. 

(b) That within thirty days from the date hereof, and before begin- 
ning operations, the applicant shall (1) file with the Commission on 
Form N. C. M. C. 19 a full and complete description of each truck, tractor 
and trailer to be used in the operation, (2) file with the Commission 
certificates of insurance on Forms N. C. M. C. 22 and 23, and (3) file with 
the Commission tariffs, as required by Section 25 (2) of the said Truck 
Act, showing all rates and charges to be made for and in connection 
with the transportation services herein authorized. 

r. (2) That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the 
findings and order herein within the time allowed by law. 

Issued by order of the Commission. 

This 9th day of May, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

• Myrtha Fleming, Chief Clerk 

DOCKET NO. T-187, Sub 2 O. W. Cleaton, d/b/a 

C & S Transport Company 
P.O. Box 31 
Wilmington, N. C. 

EXHIBIT B Transportation of liquid petroleum prod- 

ucts in bulk over irregular routes from 
Wilmington, Morehead City, River Term- 
inal, Friendship, Salisbury and Thrift to 
points and places within the following 
counties: Carteret, Jones, Pender, Bruns- 
wick, Wayne, Nash, Johnston, Bladen, 
Cumberland, Wake, Durham, Chatham, 
Lee, Hoke, Scotland, Richmond, Anson, 
Stanly, Montgomery, Orange, Randolph, 
Davidson, Rowan, Yadkin, Iredell, Alex- 
ander, Lincoln and Gaston. 



Decisions and Adjustments of Complaints 103 

The commodities herein above described 
shall be construed to include the com- 
modities set out and described in Group 3 
of Rule 10 of the Commission's Rules and 
Regulations for the Administration and 
Enforcement of the Truck Act of 1947. 

DOCKET NO. T-79 

ORDER 

APPLICATION OF: W. R. Candler, d/b/a W. R. Candler Transfer Co., 
200 Clingman Avenue, Asheville, North Carolina 

HEARD IN: Raleigh, North Carolina, October 21, 1949. 

BEFORE: Edward H. MclV^ahan, Commissioner 

APPEARANCES: 

For the Applicant: 

Applicant not represented by counsel but appeared in his own 
behalf. 

For the Protestant: 

I. M. Bailey of the law firm of Bailey and Holding, Raleigh, North 
Carolina, appearing for Fredrickson Motor Express, Charlotte, 
North Carolina. 

MCMAHAN, COMMISSIONER: 

W. R. Candler, d/b/a W. R. Candler Transfer Company of Asheville, 
North Carolina, filed application with this Commission on the date of 
September 10, 1947, wherein and whereby he seeks authority under 
Section 7 of the North Carolina Truck Act of 1947, to transport general 
commodities within a territory comprising the entire state of North 
Carolina. His application was supported by certain exhibits attached 
thereto, including exhibits showing a listing of his equipment now in 
use in the transportation business, his financial statement showing a 
net worth of $11,749.15, and as Exhibit 3 a report of his operations for 
the months of January through July of 1946, chosen by the applicant as 
being representative of the nature and extent of his operations from 
January 1, 1947 to the date of filing of this application. 

Based upon the application as filed, together with exhibits, the Com- 
mission did on September 13, 1948 enter an order granting a temporary 
certificate to the applicant, pending final determination of the appli- 
cation, and authorizing and requiring the transportation of the kinds 
or classes of property described in Exhibit B attached to said order, 
over the regular routes and/or within the area particularly described 
in such exhibit. Said Exhibit B designating the temporary order speci- 
fied that the applicant have authority to transport general commodities 
except those requiring special equipment, over irregular routes from 



104 N. C. Utilities Commission 

Asheville, North Carolina to points and places in the counties of Chero- 
kee, Macon, Jackson, Buncombe, Rutherford, Burke, and Mecklen- 
burg; also authority to transport canned goods over irregular routes 
between Charlotte and Asheville. 

This temporary authority went out from the office of the Commis- 
sion to the applicant with information to the applicant informing him 
that he might have thirty days after receipt of said temporary author- 
ity within which to file exceptions to the same, and to support said 
exceptions with additional exhibits more clearly designating the extent 
and nature of the applicant's operation. Thereafter on October 4, 1948, 
within said thirty day period, the applicant filed exceptions to said tem- 
porary authority, numbering some eight, and indicating that the appli- 
cant was entitled to the right to operate in a more extensive territory, 
as will be shown by reference to said exhibits; and thereafter under an 
order dated January 4, 1949, the Commission revised the temporary 
authority heretofore issued in this cause, by granting to the applicant 
authority to transport general commodities, except those requiring spe- 
cial equipment, over irregular routes from Asheville, North Carolina 
to points and places in the counties of Cherokee, Macon, Jackson, Bun- 
combe, Rutherford, Burke, Clay, Transylvania, Haywood, Madison, 
Yancey, Mitchell, McDowell, Henderson, and Polk; and between Ashe- 
ville and Charlotte. 

This matter came on for hearing before the above Commissioner, 
to which the same was referred at the time above designated, and at 
said time the applicant offered his original application, together with 
all exhibits attached; the temporary authority issued thereunder, to- 
gether with the order authorizing the same, the exceptions filed, and 
exhibits attached thereto, and the order revising the temporary author- 
ity, together with such revised temporary authority. 

The applicant testified in behalf of his application that he had been 
in the business of transporting freight by motor vehicle since the year 
1922; that the exhibits listing a report of his operations during the year 
1946, which represented the nature and extent of his operation since 
January 1, 1947, did not cover all operations had, but that a report at- 
tached to the exceptions filed, when considered with the report attached 
to the original application, more nearly represented a complete report 
of his said operations; however, upon cross examination he swore that 
he did not know whether the combined reports covered all of said 
operations. 

The applicant rested his case, and the protestants moved to dismiss 
the same, and to strike out the evidence offered by the applicant, for 
that the same was not complete, and for that the exceptions filed by 
the applicant were filed after October 1, 1947, the effective date of the 
North Carolina Truck Act, it being the contention of the protestants 
that Sub Section (2) under Section 7 of the North Carolina Truck Act 
specifies that a carrier shall not come under the provisions of Section 7 
unless the carrier on or before the effective date of this Act files with 



Decisions and Adjustments of Complaints 105 

the Commission on forms furnished by it with the application, under 
oath, giving such information and in such detail as the Commission may 
require, and include among other things a full and complete report of 
the carrier's operation for one or more full calendar months during 
the year 1946 chosen by the carrier as being representative of the na- 
ture, extent and frequency of its continuous operation from January 1, 
1947 to the date the application is filed. 

The protestant's motion to dismiss and strike out the evidence from 
the record cannot be sustained, in the light of the interpretation of 
Section 7 of the 1947 North Carolina Truck Act, made by this Commis- 
sion. The Commission has construed said section in the light of the 
declaration of policy set out in Section 1 of said Truck Act in part as 
follows: "That there has been shown a definite public need for the 
continuation and preservation of all existing motor carrier service, and 
to that end, it is hereby declared to be the policy of the State of North 
Carolina to preserve and continue all motor carrier transportation serv- 
ice now afforded this state." 

In the light of this policy, the Commission has adopted as its policy 
the rule of liberally construing all applications filed under Section 7 of 
said truck act, for that these applications deal with applicants, who 
have by reason of their operation prior to, on, and continuously since 
January 1, 1947, been rendering a distinct service to the people of North 
Carolina, by the transportation of freight by motor vehicle. Thus the 
Commission has adopted the policy of notifying each applicant, when 
temporary authority has been issued under an original application, 
that he can file exceptions to said temporary authority within thirty 
days from the issuance of said temporary authority and by said excep- 
tions fully acquaint the Commission with the nature and extent of his 
operations, which show that he is entitled to an enlargement of the 
rights given him under said original temporary authority. The appli- 
cant herein filed his original application on September 10, 1947, well 
within the time allowed by the law. His temporary authority was 
issued under an order dated September 13, 1948, and he was allowed 
at that time by the Commission, the right to file exceptions to said 
temporary authority within thirty days from the date of the issuance 
of said temporary authority, which would be to on or before October 
13, 1948. The applicant filed his exceptions on October 4, 1948 well 
within said time. As is pointed out by Commissioner James in an order 
entered in the case of W. C. Perry and J. V. Perry, d/b/a Perry's Trans- 
fer Company, Docket No. T-374, "It is a legal axiom in North Carolina, 
supported by statute, that procedural requirements should always be 
liberally construed with a view of doing substantial justice." Thus 
justice to the applicant in this instance means that the Commission 
shall receive and consider an application with its exhibits filed within 
the time allowed by the law, and in the manner and form allowed by 
the law, and his exceptions, together with exhibits attached thereto, 
filed within the tim_e provided by an order and informity letter from 
the Commission. 



106 N. C. Utilities Commission 

The applicant himself testified that the report of his operation, at- 
tached to the original application, which he offered as being representa- 
tive of the nature and extent of his business from and after January 1, 
1947, was based upon the months from and including January through 
and including July of the year 1946, and that these did not completely 
represent the nature and extent of said operation. He testified further 
that the exhibits showing additional information for the months of 
March through December, 1946, attached to his exceptions, taken to- 
gether with the report attached to the original application, more clearly 
represented the nature and extent of his operation representative of 
the same from and after January 1, 1947, but that he was unable to 
say that they combined covered all. The protestant contends that this 
does not comply with Sub Section (b) under Sub Section (2) under 
Section 7 of the North Carolina Truck Act, for that the two combined 
is not a full and complete report of the operations of the carrier for 
one or more full calendar months during the year 1946. Under the appli- 
cant's evidence it cannot be found that he has given a full and complete 
report of his operations for any one or more than one full and complete 
calendar months during the year 1946; but by his testimony, and his 
application, he has rested his case by allowing such report as he 
filed to be considered as a complete and full report, and if the same 
is not, then the applicant must suffer the consequences by being re- 
stricted in his operational rights to only that which he has shown. Cer- 
tainly he has not shown sufficient to entitle him to statewide authority, 
which he seeks. He has, however, shown sufficient to entitle him to 
authority substantially as given by his revised temporary authority 
dated December 14, 1948, with the exception of authority to operate 
between Asheville and Charlotte. 

The applicant shows sufficient operation to entitle him to operate 
as he seeks to do from Asheville, North Carolina to points and places 
within the counties of Rutherfordton, Burke, McDowell, Mitchell and 
Yancey, and those counties in North Carolina west of the counties 
herein enumerated, excepting the county of Graham, but his report 
does not show frequent operations within the state of North Carolina 
east of the counties above designated. He does report one operation 
during the entire year 1946 from Asheville to Charlotte, three from 
Charlotte to Asheville, one from Asheville to Greensboro, and one from 
Asheville to Durham. The Commission does not consider this of suffi- 
cient frequency to give the applicant rights to operate to those places 
or to any of the points east of the counties above enumerated within 
the state of North Carolina. 

The hearing Commission, therefore, finds the following facts: 

1. That the application filed by the applicant herein was filed within 
ample time. 

2. That the exceptions filed by the applicant were filed within the 
time allowed by the Commission to make said exceptions. 

3. That the report of operations filed by the applicant are sufficient 



Decisions and Adjustments of Complaints 107 

to support the granting of the authority to operate between the points 
and places hereinafter designated, and those places only. 

IT IS, THEREFORE, ORDERED: 

That applicant be, and he is hereby granted authority to operate 
as a common carrier, in intrastate commerce, by motor vehicle, for the 
transportation of general commodities, except those requiring special 
equipment, over irregular routes from Asheville, North Carolina, to 
all points and places in the counties of Cherokee, Macon, Jackson, 
Buncombe, Rutherfordton, Burke, Clay, Transylvania, Haywood, Madi- 
son, Yancey, Mitchell, McDowell, Henderson and Polk, and subject to 
rules and regulations of the Commission applicable under the laws of 
the State of North Carolina; and this order shall constitute lawful au- 
thority to the applicant to so operate until a formal certificate is pre- 
pared and issued by the Commission. 

It is further ordered that a copy of this order be mailed to the 
applicant, and the attorney for the protestant. 

Issued by order of the Commission. 

This 10th day of November, 1949. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-211 

FINAL ORDER 

APPLICATION OF: Carolina Freight Carriers Corporation 
Cherryville, North Carolina 

HEARD IN: Raleigh, North Carolina, on June 2, 1949 

BEFORE: Stanley Winborne, Chairman, Fred C. Hunter and 

R. G. Johnson, Commissioners 

APPEARANCES: ,., . 

For the Applicant: 

C. G. Beam, President of Carolina Freight Carriers Corporation, 

Cherryville, N. C. 

William M. York, Attorney at Law, Greensboro, N. C. 

For the Protestants: 

I. M. Bailey, Attorney at Law, Raleigh, N. C, for Fredrickson 
Motor Express Corporation, Helms Motor Express and Miller Mo- 
tor Express 

The above application came on for hearing as calendared, and the 
applicant offered in evidence the original application with the exhibits 
thereto attached and also offered in evidence the temporary authority 



108 N. C. Utilities Commission 

issued to said applicant by the Commission. The president of said 
corporation, Mr. C. G. Beam, appeared at said hearing and testified that 
his company has been engaged in the transportation of commodities 
continuously since prior to January 1, 1947, and that the temporary 
authority issued by the Commission fairly represented the nature, 
scope and extent of said operations as of January 1, 1947, and subse- 
quent to that time. Protestants offered no testimony. 

Upon consideration of the application and the exhibits which are 
a part thereof and upon consideration of the oral testimony offered 
at the hearing, the Commission is of the opinion and finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that. time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy thereof to the applicant's attorney and a copy thereof 
to the attorney appearing for the protestants, and that a certificate 
be issued to said applicant in accordance with the findings and order 
herein. 

Issued by order of the Commission. 

This 7th day of June, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 

ATTEST: 

Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 109 

DOCKET NO. T-211 Carolina Freight Carriers Corporation, 
irregular route common carrier, 
Cherryville, North Carolina 

EXHIBIT B General commodities except those requiring spe- 

cial equipment over irregular routes between 
points and places within a radius of fifty (50) 
miles of Cherryville. 

DOCKET NO. T-56 

FINAL ORDER 

APPLICATION OF: M. B. Koonce, d/b/a Carolina Storage & Distrib- 
uting Company, Raleigh, North Carolina 

HEARD IN: Raleigh, North Carolina, on May 16, 1949 

BEFORE: Fred C. Hunter, R. G. Johnson, and Joshua S. 

James, Commissioners 

APPEARANCES: 

For the Applicant: 

William T. Hatch, Attorney at Law, Raleigh, North Carolina 

For the Protestants: 

I. M. Bailey, Attorney at Law, Raleigh, North Carolina 
For: Fredrickson Motor Express Corporation, Helms Motor Ex- 
press, and Miller Motor Express 

Upon the call of this case for hearing, the applicant offered in evi- 
dence the application, together with exhibits thereto attached and made 
a part thereof, and also offered in evidence the temporary authority 
issued to the said applicant in the above case. Said applicant contended 
that his said operations, as shown by his application and the report of 
his operations, warrant the Commission in granting territory in addi- 
tion to that shown on the temporary authority issued by the Commis- 
sion, but offered no testimony in support of said contention other than 
the application itself. 

Protestants offered no testimony, but moved that the application be 
dismissed, which motion was overruled and protestants excepted. 

Upon consideration of said application, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 



110 N. C. Utilities Commission 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicant in accordance with the findings 
and order herein. 

Issued by order of the Commission. 

This 18th day of May, 1949. 

Stanley Winboune, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Comtnissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 

ATTEST: 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-56 M. B. Koonce, d/b/a Carolina 
Irregular route common carrier 
Storage & Distributing Company, 
Raleigh, North Carolina 

EXHIBIT B General commodities, except those requiring special 

equipment, from Raleigh, N. C. to points and places 
within a radius of 100 miles thereof. 
Candy from Raleigh, N. C. to points and places 
within a radius of 150 miles thereof. 



DOCKET NO. T-412 

ORDER 

APPLICATION OF: B. E. Carroll, d/b/a 
Carroll's Transfer 



Dublin, North Carolina 



Decisions and Adjustments of Complaints 111 

HEARD IN: Elizabethtown, N. C, on April 14, 1950. 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: 

For the Applicant: 

Mr. William York, Attorney at Law, Greensboro, N. C. 

For the Protestants: 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc. 
and Forbes Transfer Company. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 2:00 p.m. on 
April 14, 1950, at the Bladen County Courthouse, Elizabethtown, N. C. 
and by consent was heard at 9:30 a.m. on April 14, 1950. Applicant 
seeks a certificate under Section 7 of the 1947 Truck Act to transport 
general commodities throughout the entire State of North Carolina. 

Mr. B. E. Carroll testified that the application and exhibits attached 
thereto were prepared under his instructions and from records made of 
the 1946 operations. Application, exhibits attached thereto, temporary 
authority issued October 20, 1948, exhibits attached thereto, exceptions 
filed January 25, 1949, revised temporary authority dated February 7, 
1949, and exhibits attached thereto and demand for hearing were offered 
in evidence supporting the grandfather application. Applicant testified 
as to his operations during the past ten years and particularly during 
the year 1946, outlining the commodities in detail, said operations being 
from points and places within New Hanover, Bladen, and Robeson 
Counties to points and places within a radius of 200 miles of Dublin, 
N. C, that all of said movements either originating or terminating in 
New Hanover, Bladen and Robeson Counties, and that no tobacco was 
hauled in hogsheads on own authority in 1946. Protestants offered no 
evidence. Applicant and protestants waived the filing of proposed 
findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant as 



112 N. C. Utilities Commission 

required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. 

Issued by order of the Commission. 

This 15th day of May, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-412 B. E. Carroll, d/b/a 
Carroll's Transfer 
Dublin, North Carolina 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment and tobacco 
in hogsheads, over irregular routes between 
points and places within New Hanover, Bladen 
and Robeson Counties to points and places within 
a radius of 200 miles of Dublin, N. C; all of 
said movements either originating or terminating 
in New Hanover, Bladen and Robeson Counties. 



DOCKET NO. T-670 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

Application of Carthage Transportation Company for ) 

authority to operate as a common carrier by motor vehicle ) 

of general commodities over a regular route from ) ORDER 

Cameron to Carthage, N. C, and return, in substitution ) 

for rail service formerly provided by Moore Central ) 

Raiload Company. ) 

W. D. Sabiston, Jr. appeared for applicant. 

By application filed March 12, 1949, the Carthage Transportation 
Company, domiciled at Carthage, N. C, seeks a certificate authorizing 



Decisions and Adjustments of Complaints 113 

operations as a common carrier by motor vehicle of general commodi- 
ties from and to Carthage, N. C. and Cameron, N. C, as a substitute 
for the service performed in the past by the Moore Central Railroad 
Company. Notice was given and hearing was assigned under the pro- 
visions of GS 62-121.15. There was no protest; however, due to a mis- 
understanding, the hearing was not held on April 19, 1949 as initially 
set and, for convenience of the applicant, it was postponed until April 22, 
1949 at which time it came on to be heard by the entire Commission 
with the appearance as noted above. 

By authority of the Interstate Commerce Commission in Finance 
Docket No. 15726, Moore Central Railroad Company Abandonment, de- 
cided July 28, 1948 the rails of the carrier indicated were salvaged, 
thereby removing the final hope held by incorporating officials of the 
applicant, Carthage Transportation Company, and other business repre- 
sentatives at Carthage that rail service would ever again be restored 
between Cameron, N. C, formerly a junction point of the Moore Cen- 
tral Railroad Company and the Seaboard Air Line Railroad Company, 
and Carthage, N. C. (population nearly 1500), the county seat of Moore 
County, which according to the former rail distance is situated approx- 
imately 10 miles eastward from Cameron. Motivated by removal of the 
rails and a desire for adequate transportation, the commercial and civic 
interests at Carthage organized and obtained a charter for the Carthage 
Transportation Company and filed the instant application. A witness 
for the applicant verified the representations set out in the application 
respecting financial responsibility and equipment. This witness was 
employed by the Moore Central Railroad Company as agent at Carthage 
for a period of approximately five years and is familiar with the needs 
of the shippers and receivers of freight at Carthage. He qualified as 
general manager of the new company and testified that present stock- 
holders number approximately 30 to 35 businessmen and merchants of 
Carthage. The testimony of this witness includes a statement of in- 
tention to maintain a freight station at Carthage and to utilize the 
freight station facilities at Cameron jointly with the Seaboard Air Line 
Railroad Company there. Applicant intends to enter into joint through 
rates, divisions, and working arrangements with the Seaboard Air Line 
Railroad Company and its connections. It was stated that due to a lack 
of actual experience in this kind of operation, it will be difficult to 
predetermine with absolute certainty any limitations desired or needed 
as to the type and kind of commodities to be transported, and if after 
experience with and study of the matter it is impractical to maintain 
through arrangements as to any particular commodity or commodities 
not readily adapted to ordinary truck transportation, then in that event 
the requisite limitations or restrictions would be provided by tariff 
publication. 

An official of the Seaboard Air Line Railroad Company testified that 
he is familiar with transportation conditions both present and past at 
Carthage, N. C. and that upon abandonment of the Chesterfield and 
Lancaster Railroad in the state of South Carolina a few years ago, a 
motor vehicle carrier began operations under the name of the Cheraw 



114 N. C. Utilities Commission 

and Pageland Transportation Company providing motor carrier service 
as a substitute in lieu of rail service which prior to abandonment had 
been supplied by the Chesterfield and Lancaster Railroad. He further 
testified that through joint rates and divisions are in effect between the 
Cheraw and Pageland Transportation Company and the Seaboard Air 
Line Railroad Company and its rail connections. It was stated further 
that if and when the applicant herein is successful in obtaining the requi- 
site operating authority that active and earnest assistance will be ex- 
tended in working toward establishment of through joint rates, routes 
and divisions. 

Upon considering this matter in light of all the facts and circum- 
stances, we find that the applicant is fit, willing, and able to properly 
perform the proposed service and that a public demand and need exists 
therefor. 

Upon filing with the Commission a full and complete description of 
motor vehicles to be used in the proposed operation and the filing of 
evidence of insurance in the amount and form required in the coverage 
of such equipment, a certificate will be issued authorizing the applicant 
to operate as a common carrier of general commodities over a regular 
route as more fully described in Exhibit A which is attached hereto 
and made a part thereof. 

In addition to the foregoing insurance and equipment requirements 
in disposing of a matter of this kind, it is customary to withhold actual 
issuance of the certificate until the provisions of Sections 24 and 25 of 
the Truck Act with respect to rates and the filing of tariffs have also 
been complied with. However, in view of the testimony that establish- 
ment of through joint rates with the railroads may require a longer 
period of time than the mere publication and filing of local motor car- 
rier rates, the condition just referred to will be waived until such time 
as through motor -rail rates have been established. 

The applicant shall comply with the rules and regulations of the 
Commission, applicable to common carriers by motor vehicle, and with 
the provisions of the Truck Act of 1947. 

By the Commission 

This 11th day of May, 1949 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Com-missioner 

EXHIBIT A 

DOCKET NO. T-670 Carthage Transportation Company 
Carthage, N. C. 

GENERAL COMMODITIES 

Regular route common carrier 

(Substituted rail service) 

From Carthage, N. C. over highways U. S. 15 and 



Decisions and Adjustments of Complaints 115 

501 for a distance of approximately two miles to 
the junction of said highways with a paved but 
unnumbered state highway (familiarly known as 
the Carthage-Cameron Road), thence over the 
latter for a distance of approximately eight and 
one-half miles to junction of said unnumbered 
state highway and U. S. 1 at a point contiguous 
to the corporate boundary line of Cameron, 
thence U. S. 1, or the aforesaid unnumbered state 
highway. Return over the same routes. 

LIMITATION: The service to be performed under this certificate shall 
be limited to service in substitution for that which 
was formerly provided by railroad. 

DOCKET NO. T-283 

APPLICATION OF: J. W. Case, d/b/a Case Trucking Company 
Charlotte, North Carolina 

HEARD IN: Charlotte, North Carolna, on January 24, 1950 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

Sims, Hasty & Rouzer, Attorneys at Law, Charlotte, North Carolina 

For the Protestants: 

I. M. Bailey, Bailey & Holding, Attorneys at Law, Raleigh, North 
Carolina, for Fredrickson Motor Express, Mrs. Mabel D. Burton, 
d/b/a Helms Motor Express and Miller Motor Express 

Copeland E. Adams, Attorney at Law, Blackstone, Virginia, for The 
Transport Corporation, Vance Trucking Co., Inc., and Forbes 
Transfer Co. 

HUNTER, COMMISSIONER. The Commission's records in this cause 
show that the application herein was filed with the Commission on 
September 29, 1947. The applicant construed his operation to be that 
of a contract carrier and filed said application under Section 8 of the 
North Carolina Truck Act, and filed with said application the informa- 
tion and data required by said Section 8. It appeared to the Commission 
upon examination of said application that the applicant transported 
such a wide variety of commodities for such a large number of ship- 
pers that his operations were performed for the general public, and 
that he was incorrect in classifying his operation as that of a contract 
carrier under said Section 8. The Commission, therefore, advised the 
applicant on October 9, 1947, to give consideration to amending said 
application to conform with the requirements of Section 7 of said Truck 
Act by filing a report of operations for one or more months of 1946. 
The application was amended as suggested by the Commission, and was 



116 N. C. Utilities Commission 

thereafter considered as an application for a certificate to operate as an 
irregular route common carrier of property under the provisions of 
Section 7 of said Truck Act. 

The application as amended, including a report of operations for 
the months of August, September, and October, 1946, was offered in 
evidence, along with the temporary authority issued to said applicant 
by the Commission on December 13, 1948, which temporary authority 
authorized the said applicant, pending the hearing, to transport general 
commodities except those requiring special equipment from Charlotte 
to points and places within a radius of 150 miles of Charlotte. The 
applicant, Mr. J. W. Case, testified in support of said application and 
to the effect that he had been engaged continuously in the transportation 
of property by motor vehicle since the year 1939, and that he continued 
through said period to solicit transportation business and to advertise 
his services to the public, and that he was still so operating on the date 
of said hearing, having in operation four tractor-trailer units and three 
two-ton straight trucks, and some eight to ten employees. 

The report of operations for August, September, and October, 1946, 
shows that the applicant transported approximately 800 shipments 
during said period, all of which originated in Charlotte and were de- 
livered at such distant points as North Wilkesboro, Winston-Salem, 
Asheville, Shelby, Gastonia, Wadesboro, Rockingham, Wilmington, 
Greenville, Raleigh, Durham, Burlington, and Greensboro. The com- 
modities transported as shown by said report consisted of many small 
shipments of less than one hundred pounds, from which it appears 
that the applicant did not limit his services to the transportation of 
truck load lots but, on the contrary, was engaged in general transporta- 
tion of commodities in any quantity. It further appears from an ex- 
amination of said report that the applicant transported commodities 
of such a variety as to warrant a classification of general commodities, 
the articles or commodities transported including bath tubs, paper 
boxes, plumbing material and supplies, Canada Dry ginger ale, furni- 
ture, pulp board, laundry supplies, batteries, paper, glass, machinery, 
auto parts and auto accessories, pipe, asbestos, and roofing. 

Upon consideration of said application and particularly the report of 
actual operations during August, September, and October 1946, it ap- 
pears that said temporary authority hereinabove set out fairly represents 
the nature and scope of the applicant's operations during 1946, as of 
January 1, 1947, and since that time. 

The protestants offered no testimony, but objected to all questions 
and answers relating to said application as amended, that is to say 
the protestants took the position that the Commission had no authority 
to permit the applicant to amend his application so as to bring him 
under the provisions of Section 7 of said Truck Act. 

Upon consideration of the application and the testimony of the 
applicant in support thereof, the Hearing Commissioner finds: 



Decisions and Adjustments of Complaints 117 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a copy to the 
attorney for each protestant of record in this cause, and that a formal 
certificate be issued to the applicant in accordance with said findings 
and order. 

Issued by order of the Commission. 

This 31st day of March, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-283 J. W. Case, d/b/a Case Truclcing Company, Ir- 
regular Route Common Carrier, Charlotte, North 
Carolina 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment, over irregular 
routes from Charlotte to points and places within 
a radius of 150 miles thereof. 



DOCKET NO. T-262 

PROPOSED FINAL ORDER 

APPLICATION OF: Central Motor Lines, Inc., West Avenue, Kan- 
napolis. North Carolina 

HEARD IN: Raleigh, North Carolina, December 9, 1948 



118 N. C. Utilities Commission 

BEFORE: Commissioner Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

J. M. Broughton, Attorney at Law, Raleigh, North Carolina 
E. T. Bost, Jr., Attorney at Law, Concord, North Carolina 
P. H. Johansen, 801 Mills Building, Washington, D. C. 

For the Protestants: 

I. M. Bailey, Bailey & Holding, Raleigh, North Carolina, for 
W. W. Miller, Jr., d/b/a Miller Motor Express; Fredrickson Motor 
Express; and Mrs. Mabel D. Burton, d/b/a Helms Motor Express 

Upon the call of the above application for hearing, the applicant 
offered the application in evidence together with the exhibits attached 
thereto and made a part thereof and also offered in evidence the tem- 
porary authority granted to the applicant by the Commission. Said 
applicant further offered in evidence the applicant's tariff, the equip- 
ment sheets filed with and approved by the Commission, and also offered 
testimony by an official of the company to the effect that the applicant 
operated regularly and continuously throughout the year 1946 and 1947 
and was so operating at the time of the hearing. The protestants 
offered no testimony. 

Upon consideration of the application, the exhibits attached thereto, 
and the testimony offered in support thereof, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit A hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit A hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause; that unless 
exceptions shall be filed thereto by the applicant or by a protestant of 



Decisions and Adjustments of Complaints 119 

record within ten (10) days after receipt of such copy, the order herein 
shall become effective as the final order and decision of the Commission 
in this cause, and a formal certificate shall be issued to the applicant. 

Issued by order of the Commission. 

This 20th day of January, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 

ATTEST: 

Elsie G. Riddick, Chief Clerk 

January 20, 1949 C-124 

Docket No. T-262, Central Motor Lines, 
Inc., regular route common carrier, 
West Avenue, Kannapolis, N. C. 

EXHIBIT A— SCOPE OF OPERATIONS 

General Commodities, except those requiring 
special equipment. 
REGULAR ROUTES 

ROUTE NO. 1 

From Wadesboro to Canton, viz: From Wadesboro to Bat Cave over 
U. S. Hy. 74; thence over U. S. Hy. 64 to Henderson ville; thence over 
U. S. Hy. 25 to Asheville; thence over U. S. Hys. 19 and 23 to Can- 
ton, and return, serving all intermediate points. 

From U. S. Hy. 74 over unmarked highway to Indian Trail and return. 
From U. S. Hys. 29 or 21 over unmarked highway to Derita and 
return. 

From U. S. Hy. 74, ten miles west of Charlotte over N. C. Hy. 7 to 
Gastonia via Belmont, McAdenville, Lowell, and East Gastonia and 
return. 

From U. S. Hy. 74 over N. C. Hy. 7 and unmarked highway to Ranlo 
- -and Spencer Mt. and return. 
From U. S. Hy. 74 over unmarked highway to Cramerton and return. 
From U. S. Hy. 74 over N. C. Hy. 274 to West Gastonia and Bessemer 
City; thence N. C. Hy. 161 to U. S. Hy. 74. 

From U. S. Hy. 74 to Boiling Springs (Cleveland County) over N. C. 
Hy. 150 and return. 

From; Ut S- Hy, 74 to Double Shoals over N. C. Hy. 26 and unmarked 

highway, and. return. 

From U. S. Hy. 74 over N. C. Hy. 18 to Fallston; thence over N. C. 

Hy. 180 to Lawndale and return. 

From U.-S. Hy. 74 over N. C. Hy. 26 to Polksville and return. 

From U. S. Hy. 74 over unmarked highway to Lattimore and return. 



120 N. C. Utilities Commission 

From U. S. Hy. 74 over U. S. Hy. 221 A to Alexander Mills, Caroleen, 

Avondale, Henrietta, and Cliffside; thence N. C. Hy. 120 to U. S. 

Hy. 74. 

From U. S. Hy. 25 over U. S. Hy. 176 to Tryon and return. 

From U. S. Hy. 25 over U. S. Hy. 64 to Pisgah Forest and Brevard, 

returning via same highway serving all intermediate points. 

From U. S. Hys. 19 and 23 over unmarked highway to Enka and 

return. 

ROUTE NO. 2. 

From Asheville to Raleigh, viz: From Asheville to Raleigh over U. S. 
Hy. 70 and return serving all intermediate points. 
From U. S. Hy. 70 to Nebo over N. C. Hy. 105 and return. 
From U. S. Hy. 70 to Drexel over N. C. Hy. 114 and return. 
From U. S. Hy. 70 to Henry River over unmarked highway and re- 
turn. 

From U. S. Hy. 70 to Catawba over N. C. Hy. 10 and return. 
From U. S. Hy. 70 to Long Island over unmarked highway and return. 
From U. S. Hy. 70 to McLeansville over unmarked highway and re- 
turn. 

From Burlington to junction of U. S. Hy. 70 and N. C. Hy. 100 via 
N. C. Hy. 100 and return serving all intermediate points. 
From U. S. Hy. 70 to Alamance over N. C. Hy. 62 and return. 
From U. S. Hy. 70 to Ossipee and Altamahaw via N. C. Hy. 87 and 
return. 

From U. S. Hy. 70 to University over unmarked highway and return. 
From U. S. Hy. 70 to Method and Apex via U. S. Hy. 1 and return. 
From U. S. Hy. 70 to Wake Forest and Franklinton via U. S. Hy. 1 
and return. 
From U. S. Hy. 70 to Roxboro over N. C. Hy. 49 and return. 

ROUTE NO. 3. 

From Badin to Shelby, viz: From Badin over N. C. Hy. 740 to its 
junction with N. C. Hy. 27; thence over N. C. Hy. 27 to Lincolnton; 
thence over N. C. Hy. 150 to Shelby and return serving all interme- 
diate points. 

From N. C. Hy. 27 to Porter and Norwood and return. 
From N. C. Hy. 27 to Big Lick and Oakboro over N. C. Hy. 205 and 
return. 

From N. C. Hy. 27 to Stanfield over N. C. Hy. 200 and return. 
From N. C. Hy. 27 to Midland over N. C. Hy. 151 and return. 

ROUTE NO. 4 

From Charlotte to Newton, viz: From Charlotte to Newton over 
N. C. Hy. 16 and return serving all intermediate points. 



Decisions and Adjustments of Complaints 121 

From Gastonia to Valmead, viz: From Gastonia to Valmead over 
ROUTE NO. 5. 

U. S. Hy. 321 and return serving all intermediate points. 

From U. S. Hy. 321 to Hardins, Long Shoals, Rhodhiss over unmarked 

highway and return. 

ROUTE NO. 6. 

From Charlotte to States ville, viz: From Charlotte to Statesville 
over U. S. Hy. 21 and return serving all intermediate points. 
From U. S. Hy. 21 to East Monbo over unmarked highway and re- 
turn. 
From U. S. Hy. 21 to Mount Ulla over N. C. Hy. 801 and return. 

ROUTE NO. 7. 

From Grover to Leaksville-Spray, viz: From Grover over U. S. Hy. 

29 to Reidsville; thence over N. C. Hy. 87 to Leaksville-Spray and 

return serving all intermediate points. 

From U. S. Hy. 29 to Granite Quarry over U. S. Hy. 52 and return. 

From U. S. Hy. 29 to Faith over unmarked highway and return. 

From U. S. Hy. 29 to Erlanger and Welcome over U. S. Hy. 52 and 

return. 

From N. C. Hy. 87 to Wentworth over N. C. Hy. 65 and return. 

From N. C. Hy. 87 to Stoneville over N. C. Hy. 770; thence U. S. 

Hy. 220 to Mayodan and Madison and return. 

ROUTE NO. 8. 

From the junction of U. S. Hys. 29 and 29A near Charlotte (to the 
junction of U. S. Hys. 29 and 29A near China Grove), viz: From 
junction of U. S. 29 and 29A over U. S. Hy. 29A to the junction of 
U. S. Hy. 29 (via Newell, Harrisburg, Concord, Glass, Kannapolis, 
Landis, and China Grove) and return. 
From U. S. Hy. 29A to Mount Pleasant over N. C. Hy. 73 and return 

ROUTE NO. 9. 

From Siler City to Winston-Salem, viz: From Siler City over U. S. 

Hy. 421 to Winston-Salem and return serving all intermediate 

points. 

From U. S. Hy. 421 to Walkertown over U. S. Hy. 311 and return. 

From U. S. Hy. 421 to Hanes over U. S. Hy. 158 and return. 

ROUTE NO. 10. 

From Greensboro to Ramseur, viz: From Greensboro to Asheboro 
over U. S. Hy. 220; thence over U. S. Hy. 64 to Ramseur and return 
serving all intermediate points. 

From U. S. Hy. 220 to Sophia over U. S. Hy. 311 and return. 
From U. S. Hy. 220 to Worthville over unmarked highway and return. 
From U. S. Hy. 220 to Central Falls over N. C. Hy. 49 and return. 



122 N. C. Utilities Commission 

From U. S. Hy. 64 to Cedar Falls over unmarked highway and return. 
From U. S. Hy. 64 to Franklinville via U. S. Hy. 64A. 

ROUTE NO. 11. 

From junction of N. C. Hy. 54 and U. S. Hy. 70 (near Burlington) to 
Nelson, viz: From junction N. C. Hy. 54 and U. S. Hy. 70 (near Bur- 
lington) over N. C. Hy. 54 to Nelson and return serving all interme- 
diate points. 

From N. C. Hy. 54 or N. C. Hy. 87 to Swepsonville over unnum- 
bered highway and return. 

From N. C. Hy. 54 or N. C. Hy. 87 to Saxapahaw over unmarked 
highway and return. 

ROUTE NO. 12 

From Durham to Henderson, viz: From Durham over U. S. Hy. 15 
to Oxford; thence over U. S. Hy. 158 to Henderson and return serv- 
ing all intermediate points. 

DOCKET NO. T-212 

APPLICATION OF: Champion Storage & Trucking Company, Inc., 
Greensboro, North Carolina 

HEARD IN: Greensboro, North Carolina, on January 11, 1950 

BEFORE: R. G. Johnson, Commissioner 

APPEARANCES: 

For the Applicant: 

Cooke and Cooke, Attorneys at Law, Greensboro, North Carolina 

For the Protestant: 

Mr. J. C. Weaver, Richmond, Virginia, for The Transport Cor- 
poration 

JOHNSON, COMMISSIONER. The application herein was filed with 
the Commission on September 26, 1947, under Section 7 of the North 
Carolina Truck Act. The applicant seeks a certificate under said sec- 
tion for authority to transport general commodities, except those re- 
quiring special equipment over irregular routes from Greensboro to 
points and places within the following counties: Wilkes, Surry, Yad- 
kin, Stokes, Forsyth, Rockingham, Guilford, Caswell, Alamance, Dur- 
ham, Rowan, Davidson, Randolph, Chatham, Stanly, Montgomery, Moore 
and Lee and household goods over irregular routes between points and 
places within the State of North Carolina. Temporary authority was 
issued to the applicant as provided in Section 10 of said Act, on Sep- 
tember 16, 1948. Thereafter the applicant filed exceptions to said tem- 
porary authority within the time provided in the Commission's General 
Order in Docket No. 4066-B, and upon consideration of said exceptions, 
said temporary authority was revised and reissued, authorizing said 



Decisions and Adjustments of Complaints 123 

applicant to transport general commodities, except those requiring 
special equipment over irregular routes from Greensboro, North Caro- 
lina, to points and places within the following counties: Wilkes, Surry, 
Yadkin, Stokes, Forsyth, Rockingham, Guilford, Caswell, Alamance, 
Durham, Rowan, Davidson, Randolph, Chatham, Stanly, Montgomery, 
Moore and Lee and household goods as defined by the I. C. C. in Ex 
Parte No. MC-19 over irregular routes between points and places within 
the following counties: Buncombe, Gaston, Mecklenburg, Forsyth, Guil- 
ford, Randolph, Moore, Caswell, Alamance, Wake, Durham, Wilson, 
Halifax, Craven, Carteret, Pender, Columbus, Wilkes, Surry, Rocking- 
ham, Stanly, Montgomery, Richmond, Robeson and Duplin. 

Upon the call of said cause for hearing, the applicant offered in 
evidence the original application, along with various exhibits thereto 
attached and made a part thereof, the temporary authority, the excep- 
tions filed thereto and the temporary authority as revised and re- 
issued. 

The Protestant, The Transport Corporation of Blackstone, Virginia, 
withdrew their protest upon the following stipulation agreed to by 
all parties represented at the hearing: It is stipulated that the appli- 
cant seeks only authority for the transportation of general commodi- 
ties, except those requiring special equipment and except leaf tobacco. 
This stipulation refers to that part of the application seeking general 
commodity rights. Testimony was offered at said hearing to the effect 
that the applicant had, for a number of years, engaged in the transpor- 
tation of household goods from points and places to points and places 
throughout the State of North Carolina and that the said applicant was in 
bona fide operation as a common carrier of household goods during the 
year 1946, was so operating on January 1, 1947, and has continued to 
operate since that time. 

The applicant offered further testimony that they were engaged 
in the transportation of general commodities from Greensboro to points 
and places within the counties heretofore set out, that they had been 
in continuous operation since January, 1947, and was engaged in such 
operation during the year 1946. 

Upon consideration of the application which was offered in evidence 
and all the testimony offered in support of the application, the Hearing 
Commissioner is of the opinion that the revised temporary authority 
as to general commodities should be made permanent and that the 
applicant should be given authority to transport household goods as 
defined by the I. C. C. in Ex Parte No. MC-19 from points and places 
to points and places throughout the State of North Carolina. 

The Hearing Commissioner makes the further specific findings and 
recommended order: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 



124 N. C. Utilities Commission 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorneys for the applicant, and a copy to the 
attorney for each protestant of record in this cause, and formal certifi- 
cate be issued to the applicant in accordance with said findings and 
order. 

Issued by order of the Commission. 

This 14th day of March, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-212 Champion Storage & Trucking Company, Inc. 
207 Walker Avenue 
Greensboro, N. C. 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment over irregular 
routes from Greensboro, N. C. to points and 
places within the following counties: Wilkes, 
Surry, Yadkin, Stokes, Forsyth, Rockingham, 
Guilford, Caswell, Alamance, Durham, Rowan, 
Davidson, Randolph, Chatham, Stanly, Montgom- 
ery, Moore, and Lee. 

Transportation of household goods as defined by 
I. C. C. in Ex Parte No. MC-19 from points and 
places to points and places throughout the State 
of North Carolina. 



Decisions and Adjustments of Complaints 125 

DOCKET NO. T-52 

CERTIFICATE NO. C-128 

FINAL ORDER 

APPLICATION OF: Harry B. Church, t/a Church Motor Lines, Char- 
lotte, North Carolina 

HEARD IN: Raleigh, North Carolina, December 10, 1948 

BEFORE: Commissioners Fred C. Hunter and R. G. Johnson 

APPEARANCES: 

For the Applicant: 

Elbert E. Foster, Attorney, 318-20 Law Building, Charlotte, North 
Carolina 

For the Protestants: 

I. M. Bailey, Bailey & Holding, Raleigh, North Carolina, for 
W. W. Miller, Jr., d/b/a Miller Motor Express; Fredrickson Motor 
Express; and Mrs. Mabel D. Burton, d/b/a Helms Motor Express 
W. H. McElwee, Attorney, North Wilkesboro, North Carolina, for 
Piedmont Mountain Freight Lines 

Upon consideration of the above application, the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947. and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
show commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibits A and B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate com- 
merce as particularly set out in Exhibits A and B hereto attached and 
made a part hereof and that a formal certificate be issued to said appli- 
cant. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause. 



126 N. C. Utilities Commission 

Issued by order of the Commission. 
This 8th day of January, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. J.OHNSON, Commissioner 

Attest: 

Elsie G. Riddick, Assistant Chief Clerk 

NOTE: The above case is now on appeal by protestants to the Meck- 
lenburg County Superior Court. 

January 8, 1949 C-128 

Docket No. T-52, Harry B. Church, t/a Church 
Motor Lines, regular and irregular route com- 
mon carrier, 2409 Olando Street, Charlotte, N. C. 

EXHIBIT A— SCOPE OF OPERATIONS— General commodities, except 

those reauiring special equip- 
ment. 

REGULAR ROUTES 
ROUTE NO. 1 

BETWEEN CHARLOTTE, N. C, AND MOUNT AIRY, N. C. 
Over U. S. Hys. 29 and 29A from Charlotte to Salisbury, thence 
over U. S. Hy. 601 to Mount Airy; from the intersection of U. S. Hy. 
601 and N. C. Hy. 268 at a point 12 miles jiortheast of Elkin, over 
said Hy. 268 to Elkin, thence over U. S. Hy. 21 to Charlotte, and 
return, serving all intermediate points. 

ROUTE NO. 2 

BETWEEN CHARLOTTE, N. C. AND NORTH WILKESBORO, N. C. 
Over N. C. Hy. 27 from Charlotte to Lincolnton, thence over U. S. 
Hy. 321 to Hickory, thence over U. S. Hv. 70 to Morganton, thence 
over N. C. Hy. 18 to North Wilkesboro; from Moravian Falls over 
N. C. Hy. 16 to Taylorsville, thence over N. C. Hy. 90 to Statesville 
on Route 1 above described, and return, serving all intermediate 
points. 

EXHIBIT B— SCOPE OF OPERATIONS— General commodities, except 

those requiring special equip- 
ment. 

IRREGULAR ROUTES 

From Charlotte to points and places in the Counties of Gaston, Cleve- 
land, Rutherford, Henderson, Buncombe, McDowell, Union, Anson, 
Richmond, Scotland, Robeson, Columbus, Brunswick, New Hanover, 
Bladen, Cumberland, Hoke, Lee, Moore, Montgomery, Stanly, Ran- 
dolph, Chatham, Wake, Durham, Orange, and Alamance. 

... EXCEPTIONS: Irregular route operations are not authorized which 
would duplicate regular route operations. 



Decisions and Adjustments of Complaints 127 

DOCKET NO. T-416 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

APPLICATION OF: I. M. Lassiter and J. W. Williams, d/b/a 
City Transfer and Storage Company, 
145 West High Street 
High Point, North Carolina 

HEARD IN: Raleigh, North Carolina, on March 14, 1950 

BEFORE: Stanley Winborne and Harry T. Westcott, Com- 

missioners 

APPEARANCES: For the Applicant: 

Mr. J. A. Myatt 
Attorney at Law 
High Point, N. C. 
No Protestants. 

WINBORNE, CHAIRMAN. This matter came on for hearing and 
was heard upon petition filed on February 3, 1950, in which it was made 
to appear that on the 30th day of September, 1946, the petitioner applied 
for certain grandfather rights to operate as a common carrier of freight 
within the State of North Carolina, and filed with said application the 
necessary exhibits showing the nature and extent of the applicant's 
operations during the year 1946. At a subsequent date temporary author- 
ity was granted to the applicant authorizing the applicant to engage 
in the transportation of commodities from the City of High Point to 
four adjoining counties named in the temporary authority. That subse- 
quent to the granting of the temporary authority the applicant appeared 
before the Commission without counsel, and asked that the temporary 
auhority granted to it in Docket No. C-131 be cancelled and that the 
application in Docket No. T-416 be dismissed, and that the applicant 
be allowed to operate under Section 4 of the Truck Act. The temporary 
authority granted in C-131 was cancelled and the application in Docket 
No. T-416 was dismissed as requested. The applicant later found that 
the nature of his business was such that it did not come under Section 
4 of the Truck Act, and upon consulting counsel he was advised that 
through ignorance and misconception of the law and the provisions 
of the Truck Act his request for cancellation and dismissal, as aforesaid, 
were contrary to what he really wanted to do and hence the filing of 
the instant petition wherein the applicant asks that all orders hereto- 
fore issued by the Commission from the time of the granting of the 
temporary authority up to the present time be set aside and cancelled 
and that the applicant's original grandfather application, together with 
exhibits filed on September 30, 1946, be reinstated and heard by this 
Commission on its merits. 

Upon consideration of the instant petition and the argument of coun- 
sel, the Hearing Commissioners are fully satisfied that the applicant 
was acting upon a misconception of the law and its application when 
the requests were made for cancellation of its temporary authority in 



128 N. C. Utilities Commission 

Docket No. C-131 and in Docket No. T-416, and that the applicant's mo- 
tion to disregard same and reinstate its original application should be 
granted. 

WHEREFORE IT IS ORDERED: 

That the original grandfather application filed by the applicant on 
September 30, 1946, be calendared for hearing and heard and that the 
rights of the applicant be determined thereon as though no orders had 
been entered herein in either Docket since the granting of the tem- 
porary authority. 

Issued by order of the Commission. 

Ths 30th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-213 

APPLICATION OF: Clayton Motor Lines, Inc., Roxboro, North Caro- 
lina (Now Melvin H. Burke, Receiver of Clayton 
Motor Lines, Inc.) 

HEARD IN: Raleigh, North Carolina, on January 30, 1950 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, P. O. Box 127, Greensboro, North 

Carolina 

For the Protestants: 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
North Carolina, for Fredrickson Motor Express, Mrs. Mabel D. Burton, 
d/b/a Helms Motor Express, and Miller Motor Express 

HUNTER, COMMISSIONER. It appears from the documentary evT- 
dence and oral testimony offered at the hearing: 

1. That the application herein was filed with the Commission by 
Clayton Motor Lines, Inc., on September 26, 1947, under and in compli- 
ance with the provisions of Section 7 of the North Carolina Truck Act, 
which said application was offered and received in evidence and which 
includes, among other things, a report of operations for the entire year 
of 1946, showing as to each of approximately 375 shipments the date 
of each shipment, the waybill number, point of origin, point of destina- 
tion, description of commodity, the weight, and revenue received. 

2. That, as authorized and directed by Section 10 of said Act, the 
Commission under date of September 21, 1948, issued to said applicant 
temporary authority, and that operations were continued under said 
temporary authority until sometime in the early part of 1949, when 
H. V. Clayton, president and manager of said company, became af- 



Decisions and Adjustments of Complaints 129 

flicted in a manner necessitating the appointment of a Receiver for said 
transportation business. 

3. That upon application to the Commission an order was issued on 
March 7, 1949, authorizing suspension of operations until September 15, 
1949. 

4. That Honorable Melvin H. Burke, attorney at law, of Roxboro, 
was appointed Receiver for said company by order of the Superior Court 
of Alamance County, on March 19, 1949. 

5. That the rolling equipment of the company was taken by claim 
and delivery proceedings to satisfy liens thereon, while Mr. Clayton was 
in Duke Hospital for treatment. 

6. That the Receiver is liquidating the assets of said company, which 
include extensive interstate and North Carolina intrastate operating 
rights. 

7. That the Receiver has received a bona fide offer for both the 
interstate rights and the North Carolina intrastate rights at a figure 
satisfactory to the Receiver, which offer has been accepted by the 
Receiver and approved by the Interstate Commerce Commission with 
reference to the interstate rights involved. 

8. That a petition is pending before this Commission in Docket No. 
T-74, Sub 1 for approval of sale and transfer of the North Carolina intra- 
state rights involved in this proceeding, together with certain other 
operating rights now held by Clayton Motor Lines, Inc., under Certifi- 
cate No. 1033, to Jackson Truck Lines, Inc., of Jackson, North Carolina. 

9. That it was made to appear at said hearing that said petition in 
Docket No. T-74, Sub 1, for approval of said sale and transfer, would be 
heard immediately following the close of the hearing in the instant pro- 
ceeding, due notice having been given of said hearing as required by 
law and the rules of the Commission. 

Protestants objected and excepted to all testimony offered at the 
hearing in this cause relating to said interstate rights and to the sale 
and approval thereof, and moved that the application be dismissed, for 
that, Section 22 of said Truck Act prohibits the sale of operating rights 
under the conditions herein set out. 

Section 7 (1) of the Truck Act expressly provides for "interruptions 
of service over which the applicant or its predecessor in interest had no 
control," and the proviso in Section 22 of said Act appears to have no 
application to a sale of operating rights under the conditions presented 
in this case. In fact, said proviso does not prohibit the Commission from 
exercising its discretion in such matters. 

The protestants offered no evidence, and no evidence, documentary or 
oral, was offered from which any finding may be made that Clayton 
Motor Lines, Inc., was not operating regularly under its temporary 
authority and with a purpose to continue its operations, and, according 



130 N. C. Utilities Commission 

to the testimony, did not cease until its president and general manager 
through no fault of his own became seriously afflicted, mentally and 
physically, necessitating the appointment of a Receiver for the business. 
There was much testimony by the Receiver, Mr. Burke, and by Mr. 
W. R. Gates, bookkeeper for the company, to the effect that the operations 
of the company were regularly and efficiently performed until its 
operating manager became totally and permanently incapacitated to 
manage the affairs of the company. Under these conditions the hearing 
Commissioner finds no justification, in laws or ethics, for dismissing 
the application and vacating said carrier's operating rights. To do so, 
under the facts of this case, does not appear to be consistent with the 
declaration of policy set out in Section 1 of said Truck Act, which 
provides in substance that a public need exists for the continuation and 
preservation of all existing motor carrier service now afforded the State. 
Furthermore, operating rights do not necessarily cease and determine 
upon the death of the owner, and for the same reason need not 
necessarily cease and determine upon a misfortune such as that presented 
in this case. 

An analysis of the report of operations for the year 1946 raises some 
question as to whether the temporary authority issued to the applicant 
correctly represents the nature and scope of said carrier's operations 
during the year 1946. The commodities shown to have been transported 
during the year 1946 are of a sufficient variety to be classed as general 
commodities, but almost without exception were transported in large 
quantities; for example, said report shows that only nine (9) shipments 
transported during 1946 weighed 2,000 pounds or less, out of a total of 
some 375 shipments handled. It, therefore, appears definitely that the 
applicant was not engaged in the transportation of package goods but 
was engaged almost exclusively in the transportation of truckload 
shipments. 

It further appears from an analysis of said report that the operations 
of the applicant were rather general over the area of the State east of 
that portion of the State traversed by U. S. Highway 29, the exception 
being one shipment of lumber from High Point to North Wilkesboro, and 
one shipment of potatoes from Mount Olive to Asheville. All other 
shipments originated and terminated in the section of the State in and 
and east of the counties of Rockingham, Forsyth, Davidson, Cabarrus 
and Mecklenburg. 

Upon consideration of the application and the testimony offered in 
support thereof, the hearing Commissioner finds: 

( 1 ) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, and was so operating on January 1, 1947, and has continued 
to so operate since that time. 



Decisions and Adjustments of Complaints 131 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a copy to the 
attorney for the protestants in this cause, and that a formal certificate 
be issued to the applicant in accordance with said findings and order. 

Issued by order of the Commission. 

This 16th day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-213 Melvin H. Burke, Receiver of Clayton Motor Lines, 
Inc., Irregular Route Common Carrier, Roxboro, 
North Carolina 

EXHIBIT B Transportation of general commodities in truck- 

loads between points and places in North Carolina, 
in and east of the counties of Rockingham, For- 
syth, Davidson, Cabarrus and Mecklenburg. 

DOCKET NO. T-337 

APPLICATION OF: Collins Transfer, Inc. 

Lumberton, North Carolina 

HEARD IN: Laurinburg, North Carolina, on February 23, 1950. 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: 

For the Applicant: 

Mr. J. Dickson McLean, McLean and Stacy, Attorneys at Law, 
Lumberton, North Carolina. 

For the Protestants: 

Mr. J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, 
Raleigh, North Carolina, for Fredrickson Motor Express, Mrs. 
Mable D. Burton, d/b/a Helms Motor Express and Miller Motor 
Express. 



132 N. C. Utilities Commission 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor under the 1949 Procedue Act. 

PAYLOR: 

Mrs. J. T. Collins, d/b/a Collins Transfer and Storage Company, 
Lumberton, North Carolina, filed application under Section 7 of the 
1947 Truck Act on September 30, 1947, and on February 25, 1949, the 
Commission entered an order transferring any right, title and interest 
of Mrs. J. T. Collins, d/b/a Collins Transfer and Storage Company and 
Temporary Certificate No. C-36 to Collins Transfer, Inc., Lumberton, 
North Carolina. Said application was calendared for hearing at 3:30 p.m. 
on February 23, 1950. The applicant seeks a certificate under Section 7 
of the 1947 Truck Act for authority to transport general commodities, 
except those requiring special equipment over irregular routes between 
all points and olaces in the counties of Alamance, Gaston, Iredell, 
Mecklenburg, Forsyth, Davie, Rowan, Cabarrus, Guilford, Orange, 
Durham, Wake, Joimston, Wilson, Wayne, Pitt, Lenoir, Craven, Anson, 
Richmond, Moore, Lee, Scotland, Hoke, Harnett, Cumberland, Robeson, 
Sampson, Bladen, Columbus, Duplin, Brunswick, New Hanover, Pender, 
Onslow, Martin, Montgomery, Cleveland, and Rutherford; petroleum and 
petroleum products in bulk in tank trucks over irregular routes from 
Wilmington and points and places within five miles thereof to all points 
and places in Robeson County. 

Mrs. J. T. Collins testified that the application and exhibits attached 
thereto were prepared under her instructions and from records made of 
1946 operations. Application, exhibits attached thereto, temporary 
authority, exceptions to temporary authority and revised Temporary 
Authority No. C-36 were offered in evidence supporting the grandfather 
application. Mrs. J. T. Collins stated that she had been operating in the 
trucking business since 1926. Mrs. J. T. Collins was cross-examined by 
the protestants. Protestants offered no evidence. Applicant and pro- 
testants waived the filing of proposed findings of fact and conclusions 
of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to go 
operate since that time. 

(3) That the operations shown by the report of said Mrs. J. T. 
Collins as required by Section 7 (b) of said Act were reasonably frequent 
and continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 



Decisions and Adjustments of Complaints 133 

IT IS, THEREFORE, ORDERED: 

(a) That said Collins Transfer, Inc., be, and is hereby, authorized 
to operate as a common carrier of property by motor vehicle in 
intrastate commerce as particularly set out in Exhibit B hereto attached 
and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to Collins Transfer, Inc., 
in accordance with said findings and order. 

Issued by order of the Commission. 

This 13th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-337 Collins Transfer, Inc. 

Lumberton, North Carolina 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment over irregular 
routes between all points and places in the 
counties of Alamance, Gaston, Iredell, Mecklen- 
burg, Forsyth, Davie, Rowan, Cabarrus, Guilford, 
Orange, Durham, Wake, Johnston, Wilson, Wayne, 
Pitt, Lenoir, Craven, Anson, Richmond, Moore, 
Lee, Scotland, Hoke, Harnett, Cumberland, Robe- 
son, Sampson, Bladen, Columbus, Duplin, Bruns- 
wick, New Hanover, Pender, Onslow, Martin, 
Montgomery, Cleveland, and Rutherford; petrol- 
eum and petroleum products in bulk in tank 
trucks over irregular routes from Wilmington and 
points and places within five miles thereof to all 
points and places in Robeson County. 

DOCKET NO. T-337, SUB 1 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

Petition for transfer of operating rights under Temporary ) 

Certificate No. C-36 from Mrs. J. T. Collins, d/b/a Collins ) 

Transfer and Storage, Second Street, Lumberton, N. C, ) 

to Collins Transfer, Incorporated, Lumberton, N. C. ) 

ORDER 

A petition has been filed with the Commission by Collins Transfer, 
Incorporated, for the transfer of operating rights as shown on Temporary 
Certificate No. C-36 from Mrs. J. T. Collins, d/b/a Collins Transfer and 



134 N. C. Utilities Commission 

Storage, Second Street, Lumberton, N. C, as vendor, to Collins Transfer, 
Incorporated, Lumberton, N. C, as vendee, of all operating rights 
described in Temporary Certificate No. C-36 and all rights applied for 
and to which said applicant is entitled under Docket No. T-337. The 
said Collins Transfer, Incorporated, has had all the rights, title, and 
interest transferred to said corporation by Mrs. J. T. Collins, d/b/a 
Collins Transfer and Storage. 

Upon consideration of the petition the Commission finds no reason 
why the proposed sale and transfer should not be approved insofar as 
the Commission is authorized to do under Section 22 of the N. C. Truck 
Act of 1947; that is to say, insofar as the said sale and transfer of the 
operating rights under said Temporary Certificate No. C-36, in Docket 
No. T-337 are concerned; but that such approval should not be construed 
as a finding or as any representation by the Commission as to the value 
of the operating rights included in said sale for rate making purposes or 
for any other purpose, but merely to give validity as required by 
statute to the sale and transfer of said rights. 

IT IS, THEREFORE, ORDERED: 

(1) That the proposed sale and transfer by Mrs. J. T. Collins, d/b/a 
Collins Transfer and Storage, owner of Temporary Certificate No. C-36 
and rights under Docket No. T-337 and all rights, title and interest there- 
in be approved. 

(2) That certificate rights, title and interest now in the name of 
Mrs. J. T. Collins, d/b/a Collins Transfer and Storage as described in 
Temporary Certificate No. C-36 and in Docket No. T-337, be transferred 
and temporary certificate issued in lieu thereof to Collins Transfer, In- 
corporated, Lumberton, N. C, granting to it the operating rights par- 
ticularly described in Temporary Certificate No. C-36 and in Docket No. 
T-337. 

(3) That as a condition to the transfer the purchaser is to be liable 
for any and all outstanding claims enumerated in Section 22 of the 
Truck Act. 

(4) That this Order shall constitute a certificate authorizing opera- 
tions herein described until a formal certificate shall have been prepared 
and issued. 

(5) That this Order shall not become effective until all rules and 
regulations of the Commission are complied with. 

By order of the Commission. *- 

This the 25th day of February, 1949. 

Fred C. Hunter, Commissioner 

Attest: 

Elsie G. Riddick, Chief Clerk 



Decisions and Adjustments of Complaints 135 

DOCKET NO. T-228 

ORDER 

APPLICATION OF: Colonial Motor Freight Line, Inc. 
High Point, North Carolina 

HEARD IN: Raleigh, North Carolina, on June 14, 1949 

BEFORE: Fred C. Hunter, R. G. Johnson, and Joshua S. 

James, Commissioners 

APPEARANCES: 

For the Applicant: 

Vaughan S. Winborne, Attorney at Law, Raleigh, North Carolina 

For the Protestants: 

J. R. Bailey and I. M. Bailey, Bailey & Holding, Attorneys at Law, 
Raleigh, North Carolina, for Fredrickson Motor Express, Miller 
Motor Express, and Helms Motor Express 

HUNTER, COMMISSIONER: The above application came on for 
hearing as calendared after due notice to all other carriers. Mr. U. 
Aldridge, General Manager and Traffic Manager of the applicant cor- 
poration, appeared at the hearing and offered in evidence the application, 
along with exhibits thereto attached and made a part thereof, and also 
testified in explanation of the various exhibits offered showing the 
nature, scope and extent of the applicant's operations during the year 
1946, and subsequent to that time. As required by Section 7 (2-b) of the 
North Carolina Truck Act, the applicant filed with said application a 
detailed report for the entire year of 1946, showing the date of each 
shipment transported, its way bill number, point of origin, point of 
destination, commodities transported, weight, and the revenue received. 
Said report shows a very wide variety of commodities transported over 
a very wide area of the State, and consisting of approximately 1,000 
shipments per month throughout the year 1946. 

Mr. Aldridge testified that the applicant held certain operating rights 
granted to it by the Commission prior to the Truck Act, and that it sold 
to Keith Motor Lines, Inc., a regular route operation which it owned, 
from Charlotte to New Bern over U. S. Highways 29 and 70, which it 
was operating during the year 1946, but stated that the report of 
operations above referred to for the year 1946 did not include the 
movements over said regular route between Charlotte and New Bern. 
An examination of said applicant's report of operations for 1946 shows 
certain movements which could have been performed under applicant's 
regular route authority, but by far the greater number of shipments 
shown to have been handled by applicant during the year 1946, could 
not have been transported under applicant's regular route operating 
authority between Charlotte and New Bern. 

The report of operations filed by the applicant for the year 1946, 



136 N. C. Utilities Commission 

has been on file with the Commission since September 26, 1947, and has 
at all times been open to examination and inspection by protestants or 
others that may have an interest therein, and the data is so voluminous 
and the particular movements set out in such great detail that it is not 
deemed necessary or essential that the Commission should set out the 
particular commodities hauled or the particular points served, particu- 
larly in view of the fact that the protestants offered no testimony, either 
documentary or otherwise. 

Upon consideration of the application, the exhibits attached thereto, 
and the oral testimony of Mr. Aldridge, the Commission finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce, during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time, to the extent set out and described in Exhibit B 
hereto attached. 

3. That the operations of said applicant were reasonably frequent 
and continuous as an irregular route common carrier, and that said 
applicant is entitled to a certificate authorizing the continuation of such 
operations to the extent set out in said Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That the applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle over irregular routes in 
intrastate commerce as particularly set out in the exhibit hereto attached. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof mailed to counsel for protestants, and that 
a formal certificate be issued to said applicant in accordance with the 
findings and order herein. 

Issued by order of the Commission. 
This 5th day of Augu',t, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-228 Colonial Motor Freight Line, Inc., irregular route 
common carrier, High Point, North Carolina 

EXHIBIT B General commodities, except those requiring 

special equipment, over irregular routes. 
Between points and places within a radius of 100 
miles of High Point, N. C. 

From Charlotte, Greensboro, High Point, and 
Winston-Salem to Forest City, Whiteville, Wilm- 
ington, Ahoskie, Warrenton and Washington, and 



Decisions and Adjustments of Complaints 137 

from said four originating points to points and 
places in the counties of Cleveland, Robeson, 
Sampson, Johnston, Wayne, Wilson, Lenoir, Pitt, 
Craven, Edgecombe, Nash, Martin and Halifax. 

DOCKET NO. T-58 

ORDER 

APPLICATION OF: Tilmon R. Coltrain 

Williamston, North Carolina 

HEARD IN: Raleigh, North Carolina, on November 23, 1949 

BEFORE: M. B. Glover, Examiner 

APPEARANCES: 

For the Applicant: 

Hugh G. Norton, Attorney at Lawf, Williamston, N. C. 

No Protestants 

GLOVER, EXAMINER: This is an application filed with the North 
Carolina Utilities Commission on September 4, 1947, under the provisions 
of Section 7 of the North Carolina Truck Act. The applicant seeks 
authority to transport general commodities, except those requiring 
special equipment, over irregular routes betw^een points and places in 
the counties of Nash. Edgecombe. Halifax, Hertford, Bertie, Martin, 
Washington and Beaufort; fertilizer over irregular routes from Williams- 
ton to points and places in the counties of Wayne, Wilson, Pitt, Pamlico 
and Craven; filler (fertilizer) sand over irregular routes from points and 
places in Bertie County to Williamston; peanuts over irregular routes 
from Williamston to Edenton. This application was referred to M. B. 
Glover, Examiner, by order of the North Carolina Utilities Commission 
on November 17. 1949. for report and recommended order. 

Upon an analysis of the application, the Commission issued a tempo- 
rary authority on said application on October 6. 1948, as provided by 
Section 10 of the North Carolina Truck Act. along with instructions for 
filing exceptions to said temporary authority. Thereafter on November 
15, 1948, and within the time allowed for filing exceptions to said 
temporary authority, the applicant filed exceptions to same which were 
considered by the Commission, and temporary authority revised and 
reissued on December 17. 1948. 

At the time of the hearing, the applicant offered in evidence the 
original application, together with the exhibits thereto attached, and 
also offered in evidence said temporary authority, exceptions thereto, 
and the revised temporary authority. The applicant, through his 
attorney, Mr. Hugh Horton, stipulated for the record a statement to the 
effect that the applicant agreed with The Transport Corporation, of 
Blackstone, Virginia, through its attorney, Mr. Copeland Adams, that 



138 N. C. Utilities Commission 

the applicant would withdraw his request for authority to transport leaf 
tobacco in intrastate commerce. The applicant elected to file with his 
application a report of his operations for the twelve calendar months 
of 1946 as provided by Section 7 (b). Said report lists shipments handled 
during the year 1946 from which the Examiner finds that the applicant 
was engaged in the transportation of general commodities and was so 
engaged on January 1, 1947. 

The application offered in support thereof appears to justify the 
applicant's claim to the irregular route operating authority set out in 
said application. 

Upon consideration of the application, the exhibits thereto attached, 
the Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said section, 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as an irregular 
route common carrier of property by motor vehicle in intrastate 
commerce during the year 1946, was so operating on January 1, 1947, and 
has continued to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to the applicant's attorney, and that a formal certificate 
be issued to the applicant. 

Issued by order of the Commission. 

This 19th day of January, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-58 Tilmon R. Coltrain, irregular route common 
carrier, Williamston, North Carolina 

EXHIBIT B General commodities, except unmanufactured 

tobacco and accessories as set out in Docket No. 
2417, and except those requiring special equip- 



Decisions and Adjustments of Complaints 



139 



ment, over irregular routes between all points and 
places in the counties of Nash, Edgecombe, Hali- 
fax, Hertford, Bertie, Martin, Washington and 
Beaufort. 

Fertilizer and fertilizer materials over irregular 
routes from Williamston to points and places in 
the counties of Wayne, Wilson, Pamlico, Pitt and 
Craven. 

Filler (fertilizer) sand and farm produce over 
irregular routes from points and places in Bertie 
County to Williamston. 

Peanuts over irregular routes from Williamston 
to Edenton. 



DOCKET NO. T-80 

ORDER 

APPLICATION OF: C. T. Counts, d/b/a Counts Transfer Company 
Gastonia, North Carolina 



HEARD IN: 

BEFORE: 

APPEARANCES: 



Raleigh, North Carolina, October 21, 1949 
Edward H. McMahan, Commissioner 



For the Applicants: 

Basil L. Whitener, Attorney at Law, Box 1, Gastonia, N. C. 

For the Protestants: 

I. M. Bailey of the law firm of Bailey & Holding, Raleigh, N. C, 
for Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express and Miller Motor Express and Transport 
Corporation 

McMAHAN, COMMISSIONER: The applicant, C. T. Counts, d/b/a 
Counts Transfer Company, of Gaston County, N. C, filed application under 
Section 7 of the North Carolina Truck Act of 1947, on September 10, 1947, 
in which the applicant seeks authority by way of certificate of 
franchise to transport general commodities, by motor vehicle, for 
compensation, and as a common carrier, over irregular routes, within 
the entire state of North Carolina, except the counties of Cherokee, 
Graham, Clay, Macon, Jackson, Dare, Tyrrell, Hyde, Washington, Curri- 
tuck, Camden, Gates, Pamlico and Carteret. Attached to the applicant's 
application were exhibits properly identifying and listing the equipment 
belonging to the applicant, the applicant's financial statement showing 
a net worth of $8,720.93, and a report of the applicant's operations for 
the months of January, February and March of the year 1946, these 
months being chosen by the applicant as being representative of the 
nature and extent of its operations. 



140 N. C. Utilities Commission 

Based upon the applicant's application, there was issued by the 
Commission an order bearing date of September 13, 1948, v/herein and 
whereby the applicant was granted temporary authority, pending final 
determination of this application, authorizing and requiring the trans- 
portation of cotton in bales, over irregular routes, between points and 
places within a radius of 75 miles of Gastonia, and general commodities, 
except those requiring special equipment, over irregular routes, between 
points and places within a radius of 75 miles of Gastonia. 

Upon the issuance of the order granting said temporary authority, 
the applicant had a total of 45 days in which to file exceptions to said 
temporary authority, under the rules of the Commission; however, the 
applicant applied for, and was granted on October 15, 1948, an additional 
15 days in addition to said 45 days in which to file exceptions to said 
order granting temporary authority, and did on the 9th day of November, 
1948, file exceptions to the granting of said temporary authority, wherein 
it was set out that the applicant had, during the year 1946, and between 
January 1, 1947, and the date of filing of the application, transported 
both cotton and general commodities to points and places beyond a 
radius of 75 miles of Gastonia, and in said exceptions the applicant 
listed points and places beyond said radius; attached to said exceptions 
was an exhibit listing additional shipments during the year 1946, in 
addition to those forming a part of the original report of operations 
attached to the application, and supporting the applicant's contention 
that it had transported cotton and general commodities to points and 
places beyond a radius of 75 miles of Gastonia; thereafter, on December 
4, 1948, there was issued to the applicant a revised temporary authority 
granting to the applicant the right to transport general commodities, 
except those requiring special equipment, over irregular routes, between 
all points and places on and within a boundary from the North Carolina- 
Virginia state line, via US highway 301 to the North Carolina-South 
Carolina state line, including the city of Goldsboro; and from the 
North Carolina-South Carolina state line, via US highway 25, to the 
North Carolina-Tennessee state line. 

Protests were filed within ample time by the protestants listed above, 
and upon the hearing of this cause said protestants appeared and 
proested to the said application through counsel. 

Upon the calling of the application for hearing, the applicant offered 
the testimony of C. T. Counts, the owner and operator of said applicant, 
who testified that he had been connected with the company, applicant, 
since 1935, when it purchased the Summey Transfer Company; and that 
the application and all the exhibits attached thereto, as well as the 
exceptions to the same and exhibits thereto attached, were prepared by 
him in behalf of the applicant, and that the applicant was in operation 
of said business on January 1, 1947 and continuously thereafter. 

The applicant offered into evidence, after proper identification, the 
original application, and all exhibits thereto attached, the temporary 
authority issued on September 13, 1948, the exceptions filed by the 



Decisions and Adjustments of Complaints 141 

applicant on November 9, 1948, and the revised temporary authority 
issued by the Commission on December 4, 1948, and rested its case. 

No evidence was offered by the protestants, but at the close of the 
applicant's case the protestants moved to dismiss the application to the 
extent that the authority granted in the revised temporary authority of 
December 4, 1948, exceeded the authority prescribed in the temporary 
authority dated September 13, 1948, on the ground that the scope is 
limited to the exhibit attached to the application, and that the revised 
temporary authority was improperly issued. 

The protestants further contended that if a certificate of authority is 
granted to the applicant that such authority as is granted should be 
interpreted under the rules of the Commission so as not to include 
Group 20 under Rule 10 of the Commission's rules, which group 20 
includes the transportation of unmanufactured tobacco and accessories, 
it being the protestants' contention that the applicant was not entitled 
to authority in any event to transport unmanufactured tobacco, and that 
it should be clearly made to appear that any granting of authority to 
transport general commodities does not include the right to transport 
that group of commodities described under Group 20 of Rule 10, namely, 
unmanufactured tobacco and accessories. 

The protestants' motion to dismiss the application to the extent that 
the revised temporary authority of December 4, 1948, was improperly 
made cannot be sustained. The application was filed in ample time, and 
the applicant, within the time allowed by the Commission, duly excepted 
to the original temporary authority granted it, all in keeping with the 
rules of procedure and practice before the Commission, and in said 
exceptions it was made to appear that the original certificate of 
temporary authority did not include all that the applicant was entitled 
to under the law. The applicant has been in business for many years 
prior to the passage of the 1947 Truck Act, and is entitled, under the law, 
to have full and complete authority to continue the same type of 
operation that it was engaged in on January 1, 1947. In order to determine 
the nature and exent of its operation on January 1, 1947, the law 
provides that its operations during 1946 be used as a basis, and the 
applicant is given the right and privilege of selecting certain months 
as being representative of vhe nature and extent of said operation. Since 
the applicant ^ave a full and complete report of three months in the year 
1946 as being representative of the nature and extent of its operations 
on January 1, 1947, and the Commission allowed and permitted the 
applicant to enlarge upon this by attaching an additional report to 
exceptions filed, the revised temporary authority is proper, since the 
same is based upon all exhibits filed with the application and exceptions. 

The applicant was granted the right to transport general commodities, 
except those requiring special equipment, under the revised temporary 
authority. The Commission does not interpret this to include Group 20 
under Rule 10 of the Commission. General commodities are classified 
under Group 1 of Rule 10 of the Commission, and the rule states that 



142 N. C. Utilities Commission 

this group includes property, the transportation of which does not 
require special vehicle or special equipment for hauling, loading or 
unloading, or any special or unusual service in connection therewith. 
This group does not include any other groups listed under Rule 10 as 
Groups 2 through and including 22. Thus it is made to clearly appear 
that general commodities does not include those commodities described 
under Group 20. 

We think that the revised temporary authority has allowed the 
applicant, however, authority to operate throughout a wider area than 
the exhibits attached to its application and the exceptions show it to be 
entitled to. The revised temporary authority allowed it to operate within 
a boundary extending from Highway 301, and the Virginia - South 
Carolina state lines on the east, to all points and places on a line 
designated by US Highway 25 between the state lines of North Carolina 
and Tennessee on the west. The applicant has not shown any operation 
in a large portion of this wide and extensive territory. Under the 
evidence, which includes all that the applicant has shown by its exhibits 
attached to the application and exceptions, the applicant was operating 
on January 1, 1947 within a boundary extending from Goldsboro on the 
east to Asheville on the west, including generally points and places 
between those cities, but not extending into the northeast, north central, 
or northwestern section of the state of North Carolina. The applicant 
is denied the right to operate into those sections generally described 
above, and in which it shows no operation, but will be given a certificate 
and authority to operate to and from all points and places designated 
on Exhibit A attached to this order. 

IT IS, THEREFORE, ORDERED: 

That the applicant's application be granted to the extent that it be, 
and it is hereby allowed certificate of franchise to engage as a common 
carrier of property, by motor vehicle, over irregular routes, and to 
transport general commodities, except those requiring special equipment, 
as is described and designated under Group 1, Rule 10^ of the Rules and 
Regulations for the administration and enforcement of the 1947 Truck 
Act, between all points and places v/ithin the boundaries of the state of 
North Carolina described in Exhibit A hereto attached. 

It is further ordered that copy of this order be mailed to the applicant, 
his attorney of record, and the attorney appearing for the protestants. 

By order of the Commission. 

This 3rd day of December, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 
(SEAL) 

EXHIBIT A 

Docket No. T-80 — Counts Transfer Company 



Decisions and Adjustments of Complaints 



143 



Wayne 

Sampson 

Bladen 

Columbus 

Johnston 

Harnett 

Cumberland 

Robeson 

Wake 

Durham 

Orange 

Alamance 

Chatham 

Lee 

Moore 

Hoke 

Scotland 

Guilford 

Randolph 

Montgomery 

Richmond 



Forsyth 

Davidson 

Stanly 

Anson 

Yadkin 

Davie 

Rowan 

Cabarrus 

Union 

Iredell 

Mecklenburg 

Wilkes 

Alexander 

Catawba 

Lincoln 

Gaston 

Cleveland 

Rutherford 

Buncombe 

Henderson 



DOCKET NO. T-418 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 



In the Matter of 
Application of R. W. Craft, North Liberty Street 
Extension, Winston-Salem, North Carolina. 

APPEARANCES: 



) 



ORDER 



For the Applicant: 

Mr. A. R. Kirkman, Attorney at Law, Winston-Salem, N. C. 

The above-named carrier made application, which was received by 
this Commission on the first day of October, 1947, for a common carrier 
certificate. On the 22nd day of July, 1948, this Comission issued an order 
authorizing a change of status to that of a contract carrier and authoriz- 
ing the issuance of temporary authority No. P-55 for the transportation 
of petroleum products in bulk, in tank trucks, as a contract carrier. 

L. A. Odom and Robert R. Odom, Attorneys, filed a protest for 
Associated Petroleum Carriers, which was received in the Commission's 
office on the 31st day of December, 1949. The protestant failed to appear 
at the hearing and the protest was dismissed. 

Due notice of said application was given to other carriers as required 
by law, which notice fixed the time and place of hearing and the time 
within which protest, if any, should be filed with the Commission to said 
application. No protests were filed other than the protest of Associated 



144 N. C. Utilities Commission 

Petroleum Carriers within the time prescribed and no protests have been 
filed with the Commission up to the date hereof. 

The applicant offered in evidence the application, the contract between 
the applicant and the American Oil Company, all exhibits attached to the 
application and the temporary authority issued by this Commission. 

R. W. Craft, the Applicant, testified that he was a distributor of oil 
and petroleum products in the Winston-Salem area, that he owned and 
operated one oil tanker, that he did not haul for anyone except American 
Oil Company and he delivered all petroleum transported to himself in 
Winston-Salem. The petroleum products that he hauls is owned by 
American Oil Company and is delivered to R. W. Craft, Oil Distributor, 
in Winston-Salem, and his contract covers his transportation of petroleum 
products from Wilmington, Friendship and and Thrift to Winston-Salem, 
North Carolina. 

The hearing Commissioner finds: 

That the proposed service is not inconsistent with public interest and 
that the applicant is qualified to perform the service and has on file with 
the Commission a contract with the shipper, which said contract complies 
with the law and with the rules of the Commission as a contract between 
a shipper and contract carrier. 

IT IS, THEREFORE, ORDERED that a permit be issued to R. W. 
Craft, North Liberty Street Extension, Winston-Salem, North Carolina, 
to operate as a carrier of petroleum products as particularly set out in 
Exhibit B hereto attached. 

Issued by order of the Commission. 

This the 8th day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-418 R. W. Craft, North Liberty Street Extension, 
Winston-Salem, North Carolina. 

EXHIBIT B Petroleum, and petroleum products in bulk, in tank 

trucks, from Wilmington, Friendship and Thrift 
to Winston-Salem. 



DOCKET NO. T-658 

FINAL ORDER 

APPLICATION OF: Crane and Truck Service, Inc. 
1101 Western Avenue 
Pittsburgh, Pennsylvania 

HEARD IN: Raleigh, North Carolina, on March 11, 1949 



Decisions and Adjustments of Complaints 145 

BEFORE: Fred C. Hunter and R. G. Johnson, Commissioners 

APPEARANCES; 

For the Applicant: 

Herman Edwards, Attorney at Law, Bryson City, North Carolina 
Robert S. Young, Jr., Attorney at Law, Burwell Building, Knox- 
ville, Tennessee 

No Protestants 

By the application herein filed October 25, 1948, under the provision 
of Section 11 of the North Carolina Truck Act, the applicant seeks 
authority to operate in intrastate commerce as a common carrier in the 
transportation of heavy commodities and from points and places in the 
counties of Jackson, Macon, Swain, Cherokee, Clay and Graham and 
will maintain an office in North Carolina at Topoco, Graham County, 
North Carolina, and has appointed Herman Edwards, Attorney at Law, 
Bryson City, North Carolina, as process agent upon whom process may be 
served. 

The application was well supported by testimony to the effect that 
service of the kind proposed is greatly needed particularly in the moving 
of highway construction machinery and heavy machinery and equipment 
used at power plants in the area covered by the application. There was 
no testimony to the contrary. 

Upon consideration of all the testimony adduced at the hearing, the 
Commission finds public convenience and necessity for the proposed 
service to the extent set out in Exhibit B, hereto attached and made a 
part hereof, and the Commission further finds that said applicant is 
qualified to perform the service to the extent set out in said Exhibit. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be, and is hereby, granted authority to operate 
as a common carrier in intrastate commerce over irregular routes in the 
transportation of the commodities described within the territory 
described, as particularly set out in said Exhibit B, subject to the 
following conditions: 

(a) That the operations under the authority herein granted shall 
begin within 30 days from the date hereof, and shall not thereafter be 
suspended or discontinued without notice to and written consent from 
the Commission. 

(b) That within 30 days from the date hereof, and before beginning 
operations, the applicant shall (1) file with the Commission on Form 
N. C. M. C. 19 a full and complete description of each truck, tractor and 
trailer to be used in the operation, (2) file with the Commission certifi- 
cates of insurance on Forms N. C. M. C. 22 and 23, and (3) print and 
file with the Commision tariffs, as required by Section 25 (2) of said 
Truck Act showing all rates and charges to be made for or in connection 
with the transportation services herein authorized. 



146 



N. C. Utilities Commission 



2. That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the 
findings and order herein within the time allowed by law. 

Issued by order of the Commission. 



This 12t!h day of March, 1949. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 



Attest: 

Elsie G. Riddick, Chiej Clerk 



DOCKET NO. T-658 Crane and Truck Service, Inc. Topoco, N. C. 
Irregular route common carrier of heavy 
commodities 



EXHIBIT B 



Transportation of heavy commodities, which by 
reason of length, weight, bulk or other unusual 
characteristics, require special vehicles or special 
facilities for handling to and from points and 
places in the counties of Jackson, Macon, Swain, 
Cherokee, Clay and Graham. 



DOCKET NO. T-245, SUB 2 

ORDER 

APPLICATION OF: Luther M. Cromartie and Norman R. Capps, d/b/a 
Cromartie Transport Company 
18 South Country Club Boulevard 
Wilmington, N. C. 



HEARD IN: 

BEFORE: 

APPEARANCES: 



Wilmington, N. C, on April 12, 1950. 
John Hill Paylor, Examiner 



For the Applicani 

Mr. R. Mayne \lbright. Attorney at Law, 804 Insurance Building, 
Raleigh, N. C. 

For the Protestants: 

Mr. J. A. Myatt, Attorney at Law, High Point, N. C, for Associated 
Petroleum Carriers. 

This hearing was assigned to John Hill Paylor, Examiner, under the 
1949 Procedure Act 

Applicants filed application under Section 11 of the 1947 Truck Act, 
which said application was calendared for hearing on April 12, 1950, 
at 2:00 o'clock p.m. in the New Hanover County Courthouse, Wilmington, 



Decisions and Adjustments of Complaints 147 

N. C. Applicants seek authority to transport liquid petroleum products 
in bulk as set out and described in Group 3 of the Commission's Rules 
and Regulations for the Administration of the North Carolina Truck Act. 
Applicants seek authority to transport said commodities under Group 3 
over the entire area of North Carolina. 

Mr. Luther M. Cromartie, one of the partners, testified that many 
demands were made for the proposed service, that the same was not 
being performed in a satisfactory manner by other carriers operating in 
the area and that Cromartie Transport Company is in a position to 
provide the service in a satisfactory manner if authorized by the Com- 
mission to do so. He further testified that the partnership has equipment, 
experience and the necessary financial means to provide the proposed 
service. The applicants offered as shipper witnesses, Mr. Paul G. White, 
Manager of the Lee-Moore Oil Company Plant; Mr. Wilbur Jackson, 
Clerk in charge of Shipments at the Atlantic Refining Company, with 
respect to the need for the proposed service. Each of the witnesses 
testified that the service such as proposed by the applicants was needed 
for the transportation of the commodities applied for and from their 
experience, observation and knowledge the proposed service is greatly 
needed for the transportation of petroleum products and if authorized 
that the service will be used by the public. 

Protestants offered Mr. R. L. Brinson, Jr., who testified that he was 
connected with the Southern Oil Transportation Company and outlined 
in detail the investment in petroleum trucks, describing the units and 
stating that his company as well as other companies were in position to 
take care of all movements other than at the peak of the season, which 
lasts about six weeks; that several of his trucks were standing idle and 
that he was in a position to place other trucks if and when needed. 

Upon consideration of testimony set out herein, the Examiner is of 
the opinion and finds public convenience and necessity for the proposed 
service to the extent as set out in Exhibit B hereto attached and made 
a part hereof and further finds that applicant is qualified to perform 
the service to the extent set out in said exhibit. 

IT IS, THEREFORE, ORDERED: 

(1) That the applicant be, and is hereby, granted authority to 
operate as a common carrier in intrastate commerce over irregular routes 
in the transportation of the comm.odities described within the territory 
described as particularly set out in Exhibit B subject to the following 
conditions : 

(a) That the operations under the authority herein granted shall 
begin thirty days from the date hereof, and which shall not hereafter be 
suspended or discontinued without notice to and written consent from, 
the Commission. 

(b) That within thirty days from the date hereof, and before 
beginning operations, the applicant shall (1) file with the Commission 



148 N. C. Utilities Commission 

on Form N. C. M. C. 19 a full and complete description of each truck, 
tractor and trailer to be used in the operation, (2) file with the 
Commission certificates of insurance on Forms N. C. M. C. 22 and 23, 
and (3) file with the Commission tariffs, as required by Section 25 (2) 
of the said Truck Act, showing all rates and charges to be made for and 
in connection with the transportation services herein authorized. 

(2) That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the findings 
and order herein within the time allowed by law. 

Issued by order of the Commission. 

This 9th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-245, SUB 2 Luther M. Cromartie and Norman R. 

Capps, d/b/a, Cromartie Tansport Co., 
18 South Country Club Blvd, Wilmington, 
N. C. 

EXHIBIT B Transportation of petroleum products in bulk in tank 
trucks over irregular routes from Wilmington, N. C, and 
points and places within five miles thereof and from Thrift, 
Salisbury, River Terminal, Morehead City and Friendship, 
N. C, to points and places within the following counties: 
Wilkes, Alexander, Iredell, Davie, Lincoln, Randolph, 
Orange, Stanly, Montgomery, Union, Anson, Scotland, 
Pender, Jones, Craven, Pamlico, Stokes, Rockingham, 
Caswell, Person, Granville, Vance and Warren. 

The commodities herein above described shall be construed 
to include the commodities set out and described in Group 
3 of Rule 10 of the Commission's Rules and Regulations 
for the Administration and Enforcement of the Truck Act 
of 1947. 

DOCKET NO. T-239 

ORDER 

APPLICATION OF: Zeb P. Cruse and Mrs. Evelyn W. Elam, d/b/a 
Cruse Transfer Company 
Concord, North Carolina 

HEARD IN: Charlotte, North Carolina, on January 24, 1950 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

L. E. Barnhardt, Attorney at Law, Concord, N. C. 



I 



Decisions and Adjustments of Complaints 149 

For the Protestants: 

I. M. Bailey, Attorney at Law, Raleigh, N. C, for Fredrickson 
Motor Express, Mrs. Mabel D. Burton, d/b/a Helms Motor Express 
and Miller Motor Express 

HUNTER, COMMISSIONER: The application herein was filed with 
the Commission on Septem_ber 26, 1947, under the provisions of Section 7 
of the North Carolina Truck Acv, for a certificate to transport general 
commodities to and from points in some twenty counties, from New 
Hanover on the east to Buncombe on the west, and from Mecklenburg 
on the south to Surry on the north. The applicants filed with said 
application a report of shipments handled during the entire year 1946, 
which application and report of shipments for 1946, along with other 
exhibits attached 'lO the application, were offered in evidence. The 
applicants also offered in evidence the temporary authority issued to 
them by the Commission on December 14, 1948, and the temporary 
authority as revised and reissued by the Commission on February 14, 
1949, which revised authority authorizes the applicants, pending the 
hearing, to transport general commodities, except those requiring special 
equipment over irregular routes between Charlotte, Concord and 
Lincolnton, and from Concord to all points and places within a radius of 
125 miles of Concord, and between Concord and Wilmington. Mr. Zeb 
P. Cruse, one of the partners, appeared at said hearing and testified that 
he and his partner had been operating as common carriers of property 
by motor vehicle for many years prior to, and including, the year 1946, 
that said operations had been conducted in good faith and had been 
continued without interruption from 1946, and prior thereto, until the 
date of said hearing. 

A very careful analysis of said report of operations for the year 1946 
shows that said applicants, during said year, transported approximately 
1,326 shipments. A large number of these shipments originated and 
terminated in the City of Concord. Only 33 shipments originated at points 
other than Concord. Of these 33 shipments, 19 originated at Lincolnton, 
and 14 originated at Charlotte. The applicants deliverd shipments to 
33 points outside of Concord, total shipments delivered to said 33 points 
being 423. The principal points of delivery and the number of shipments 
delivered to each are Charlotte, 175; Elkin, 88; Lincolnton, 48; 
Kannapolis, 17; Mount Airy, 15; Monroe, 14; Wadesboro, 10; Salisbury, 
8; Albemarle, 7; Davidson, 5; Lexington, 4; China Grove, 3; Roberta, 3; 
Gastonia, 3; Midland, 2; Greensboro, 2; Winston-Salem, 2; Georgeville. 2; 
and one shipment to each of 15 other points. 

Said report of operations further shows that the applicants trans- 
ported a rather wide variety of commodities between points in the City 
of Concord and Cabarrus County, and from Cabarrus County to points 
not exceeding 75 miles. Said report further shows that Raid applicants 
were engaged extensively in the transportation of household goods to 
points as far west as Asheville, and to points as far east as Wilmington, 
and it also appears that said applicants were engaged extensively in the 
transportation of textile goods and supplies, including cotton, yarn. 



150 N. C. Utilities Commission 

waste, warps, beams, and other materials and supplies used in the 
manufacture of textile products. The movement of such commodities 
covered a very wide area of the State. 

The hearing Commissioner is of the opinion and finds that said 
temporary authority hereinabove set out does not accurately represent 
the nature and scope of the operations of said applicants during the year 
1946, in that said applicants were transporting household goods through- 
out the State and were transporting textile goods and supplies over 
such a wide area of the State as to be tantamount to a state-wide 
service in the transportation of said commodities. It further appears that 
transportation of general commodities was limited to Cabarrus County, 
and from Cabarrus County to points within 75 miles thereof, and vice 
versa. 

The protestants offered no testimony. 

Upon consideration of the application, and the exhibits thereto 
attached and made a part thereof, and the testimony of Mr. Zeb P. 
Cruse, the hearing Commissioner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Tuclc Act, within the time required by said section 
and in accordance with the provisions thereof. 

(2) That said applicants were in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, were so operating on Januay 1, 1947, and have continued to so 
opeate since that time. 

(3) That the operations shown by the report of said applicants, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous thoughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicants be, and are hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicants, the applicant's attorney and the attorney for protestants, 
and that a formal certificate be issued to the applicants in accordance 
with the order herein. 

Issued by order of the Commission. 

' • This 24th day of March, 1950. 

,. . NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 



151 



DOCKET NO. T-239 Zeb P. Cruse and Mrs. Evelyn W. Elam, d/b/a 
Cruse Transfer Company, irregular route common 
carrier, Concord, North Carolina 



EXHIBIT B 



Transportation over irregular routes of: 

1. General commodities between points and 
places in Cabarrus County, from points and places 
in Cabarrus County to points and places within 
75 miles of Concord, and from points and places 
within 75 miles of Concord to points and places in 
Cabarrus County. 

2. Household goods and textile goods and 
supplies, including cotton, yarn, waste, warps, 
beams, and other materials and supplies used in 
the manufacture of textile products to and from 
points throughout the State. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-421 

ORDER 

W. H. and Smith Davenport, d/b/a 
Davenport Brothers, Granville Street 
Tarboro, North Carolina 

Raleigh, N. C, on April 27, 1950. 

John Hill Paylor, Examiner 



For the Applicant: 

Mr. George M. Fountain, Attorney at Law, Tarboro, N. C. 

For the Protestants: 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc., 
and Forbes Transfer Company. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: 

Applicants filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 3:00 p.m. on March 
23, 1950, in the Edgecombe County Courthouse, Tarboro, N. C, and 
continued until 11:00 a.m., April 27, 1950, to be heard in the hearing 
room, Raleigh, N. C. Applicants seek a certificate under Section 7 of the 
1947 Truck Act to transport tobacco, unmanufactured, leaf or scrap, 
including stems, cooperage stock, sheets, baskets and hogsheads over 
irregular routes between Washington, Ahoskie and Williamston; from 



152 N. C. Utilities Commission 

Robersonville, Tarboro and Washington to Ahoskie, Washington, Durham, 
Goldsboro, Rocky Mount & Winston-Salem; peanuts over irregular routes 
from Tarboro to Plymouth. 

Mr. W. H. Davenport, one of the partners, testified that the application 
and exhibits attached thereto were prepared under his instructions and 
from records made of the 1946 operations. Application, exhibits attached 
thereto, temporary authority dated October 11, 1948, and exhibit attached 
thereto were offered in evidence supporting the grandfather application. 
Mr. Davenport further testified that during 1946 he transported fertilizer 
from Williamston, N. C, to points and places w^ithin a 150-mile radius 
thereof and that the operating rights granted to him should include 
fertilizer from Williamston, N. C. to points and places within a 150-mile 
radius thereof. Mr. Davenport was cross-examined by the protestants 
and admitted on cross-examination that he did not haul tobacco in hogs- 
heads during 1946 in his own name or rights, nor did he haul cooperage 
stock during 1946. Protestants offered no evidence. Applicants and 
protestants waived the filing of proposed findings of fact and conclusions 
of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that i.aid 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part thereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. 

Issued by order of the Commission. 

This 15th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 



153 



DOCKET NO. T-421 W. H. and Smith Davenport, d/b/a 

Davenport Brothers, Granville St., Tarboro, N. 



EXHIBIT B 



C. 



Transportation of tobacco, unmanufactured, leaf 
or scrap, including stems, sheets and baskets over 
irregular routes between Washington, Ahoskie 
and Williamston; from Robersonville, Tarboro 
and Washington to Ahoskie, Washington, Durham, 
Goldsboro, Rocky Mount and Winston-Salem; 
peanuts over irregular routes from Tarboro to 
Plymouth; fertilizer over irregular routes :^rom 
Williamston, N. C, to points and places within a 
radius of 150 miles thereof. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-421. SUB I 

ORDER 

W. H. and Smith Davenport, d/b/a 
Davenport Brothers 
Tarboro, North Carolina 

Raleigh, North Carolina, on June 16, 1950 

Fred C. Hunter, Commissioner 



For the Applicants: 

George M. Fountain, Attorney at Law, Tarboro, North Carolina 

No Protestants. 

HUNTER, COMMISSIONER. The applicants in this cause now hold 
franchise certificate issued under the provisions of Section 7 of the 
North Carolina Truck Act, authorizing transportation of unmanufactured 
leaf tobacco as particularly set out in Docket No. T-421. By the instant 
application, they seek authority to amend said certificate by an applica- 
tion, they seek authority to amend said certificate by an application 
under Section 11 of said Act for the right to transport agricultural 
commodities, cotton in bales, livestock, and household effects, as described 
in Groups 6, 7, 11 and 18 respectively, as more particularly set out in 
Rule 10 of the Commission's Rules and Regulations, and as set out in 
Exhibit B hereto attached. 

There being no protestants to this application it is not considered 
necessary to set out the testimony in detail, but suffice it to say that the 
testimony offered for and on behalf of said applicants shows a substantial 
public demand and need for the transportation over irregular routes of 
the paticular classes of commodities set out in said Exhibit B hereto 
attached, limitation as to the territory as set out in said Exhibit. 

IT IS, THEREFORE, ORDERED that the certificate of the applicants 



154 N. C. Utilities Commission 

be amended to include the oi>erating rights set out in Exhibit B hereto 
attached, operations to begin when the applicants shall have complied 
with the law and with the regulations of the Commission with respect 
to tariff and insurance requirements. 

Issued by order of the Commission. 

This 30th day of June, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-421, SUB 1 W. H. and Smith Davenport, d/b/a 

Davenport Brothers, Irregular Route 
Common Carriers, Tarboro, N. C. 

EXHIBIT B The transportation over irregular routes of: 

(1) Agricultural commodities including unmanufactured 
farm, dairy, and orchard products, wheat, corn, oats, 
peanuts, potatoes, melons, fruits, vegetables, cotton seed, 
cotton seed meal and hulls, seeds, feeds, poultry, eggs and 
other farm produce. 

(2) Cotton in bales. 

(3) Livestock, including horses, mules, cattle, hogs, sheep 
and other livestock. 

(4) Family moving, including all goods, effects, and 
property of an individual family or householder moved 
as a unit from one residence to another or to or from a 
temporary place of storage. 

LIMITATIONS: The transportation of the commodities described 
in (1) through (4) above are limited to movements which either 
originate or terminate, or originate and terminate, in Edgecombe County, 
and from Edgecombe County to points and places within 250 miles of 
Tarboro, and from points and places within 250 miles of Tarboro to points 
and places in Edgecombe County. 



DOCKET NO. T-699 

ORDER 

APPLICATION OF: F. E. Davis 

1611 Park Drive 
. . . Raleigh, North Carolina 

HEARD IN: Raleigh, North Carolina, on September 28, 1949. 

BEFORE: John Hill Paylor, Examiner 



Decisions and Adjustments of Complaints 155 

APPEARANCES: 

For the Applicant: 

Mr. Vaughan S. Winborne, Attorney at Law, Raleigh, North 
Carolina 

For the Protestants: 

Mr. E. A. Hilker, Attorney at Law, Charlotte, North Carolina; 
attorney for Carolina Delivery Service, Inc. and Observer Trans- 
portation Company, Inc. 

This hearing was assigned to John Hill Paylor, Examiner, under the 
1949 Procedure Act. 

Applicant filed application under Section 11 of the 1947 Truck Act, 
which said application was calendared for hearing on September 28, 1949, 
at 9:00 o'clock a.m. Applicant seeks authority to transport the commodi- 
ties set out and described in Group 21 of Rule 10 of the Commission's 
Rules and Regulations for the Administration of the North Carolina 
Truck Act. The group herein referred to being as follows: Group 21- — 
Motion picture films and special service. The applicant seeks authority 
to transport said commodities under Group 21 to and from points and 
places within the counties of Wake, Granville, Vance, Franklin, Nash, 
Wilson, Wayne, Johnston, Sampson, Cumberland and Harnett and the 
Town of Rocky Mount, North Carolina. 

The Applicant, Mr. F. E. Davis, testified that many demands were 
made for the proposed service, that the same was not being performed 
in a satisfactory manner by the other carriers operating in the area, 
and that he is in a position to provide the service in a satisfactory man- 
ner if authorized by the Commission to do so. He further testi- 
fied that he has equipment, the experience and the necessary financial 
means to provide the proposed service. The applicant offered seven 
shipper witnesses, Mr. C. H. Herring, Mr. J. V. Booth, Mr. E. H. Cennes, 
Mrs. Elizabeth T. VanValkenberg, Mrs. Frances Tucker Eason, 
Thomas H. Briggs and Mr. H. M. Little, with respect to the need for 
the proposed service, all of whom are in business in Wake and Wilson 
Counties. Each of said witnesses testified that the service such as pro- 
posed by applicant was needed for the transportation of commodities 
applied for and that from their experience, observation and knowledge 
the proposed service is greatly needed for the transportation of the 
commodities described in the application and if authorized that the 
service will be used by the public. 

Protestants offered two witnesses John H. Vickers, President of 
Carolina Delivery Service and Mr. J. G. Ward, Manager of Observer 
Transportation. Each of said protestants denied that there was a need 
for the service applied for and that the application should be dismissed. 
The applicant and protestants waived filing of findings of fact and brief. 

Upon consideration of testimony set out herein, the Examiner is 
of the opinion and finds public convenience and necessity for the pro- 
posed service to the extent as set out in Exhibit B hereto attached and 



156 N. C. Utilities Commission 

made a part hereof and further finds that the applicant is qualified to 
perform the service to the extent set out in exhibit. 

IT IS, THEREFORE, ORDERED: 

(1) That the apolicant be, and is hereby, granted authority to oper- 
ate as a common carrier in intrastate commerce over irregular routes 
in the transportation of the Commodities described within the territory 
described as particularly set out in Exhibit B subject to the following 
conditions: 

(a) That the operations under the authority herein granted shall 
begin thirty days from the date hereof, and which shall not hereafter 
be suspended or discontinued without notice to and written consent 
from the Commission. 

(b) That within thirty days from the date hereof, and before be- 
ginning operations, the applicant shall (1) file with the Commission on 
Form N. C. M. C. 19 a full and complete description of each truck, 
tractor and trailer to be used in the operation, (2) file with the Com- 
mission certificates of insurance on Forms N. C. M. C. 22 and 23, and 
(3) file with the Commission tariffs, as required by Section 25 (2) of 
the said Truck Act, showing all rates and charges to be made for and 
in connection with the transportation services herein authorized. 

(2) That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the find- 
ings and order herein within the time allowed by law. 

Issued by order of the Commission. 

This 18th day of November, 1949. 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-699 F. E. Davis, 1611 Park Drive 
Raleigh, North Carolina 

EXHIBIT B Transportation of motion picture films, theatrical 

equipment, advertising and supplies, and the 
daily distribution of newspapers, magazines, and 
other dated periodicals over irregular routes be- 
tween points and places within the following 
counties: Wake, Granville, Vance, Franklin, Nash, 
Wilson, Wayne, Johnston, Sampson, Cumberland, 
and Harnett and the Town of Rocky Mount, North 
Carolina 

The commodities herein above described shall 
be construed to include the commodities set out 
and described in Group 21 of Rule 10 of the 
Commission's Rules and Regulations for the Ad- 
ministration and Enforcement of the Truck Act 
of 1947. 



Decisions and Adjustments of Complaints 157 

DOCKET NO. T-22 

CERTIFICATE NO. C-146 

FINAL ORDER 

APPLICATION OF: A. V. Dedmon Trucking Company 
200 North LaFayette Street 
Shelby, North Carolina 

HEARD IN: Raleigh, North Carolina, on April 8, 1949 

BEFORE: R. G. Johnson and Fred C. Hunter, Commissioners 

APPEARANCES: 

For the Applicant: 

0. M. Mull, Attorney at Law, Shelby, North Carolina 

For the Protestant: 

1. M. Bailey, Attorney at Law, Bailey and Holding, Raleigh, N. C, 
for Fredrickson Motor Express Corporation, Miller Motor Express 
and Helms Motor Express 

J. E. Bullock, Traffic Manager, Thurston Motor Lines, Inc., Wilson, 
North Carolina 

Upon the call of this application for hearing, the applicant offered 
in evidence the original application filed by applicant, together with 
the exhibit attached thereto and made a part thereof, and also offered 
in evidence the order of the Commission granting isaid applicant tem- 
porary authority, and rested. Counsel for protestants, Fredrickson Mo- 
tor Express, and Thurston Motor Lines, Inc., moved to dismiss the 
application, which motion was overruled and said protestants excepted. 
No testimony was offered by said protestants. 

Upon consideration of the application and the exhibits thereto at- 
tached, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 
(a) That said applicant be, and is hereby, authorized to operate as 



158 



N. C. Utilities Commission 



a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause and a formal 
certificate issued to the applicant in accordance with said findings and 
order. 



Issued this 11th day of April, 1949. 



ATTEST: 

Elsie G. Riddick, Chief Clerk 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 



DOCKET NO. T-22 



EXHIBIT B 



A. V. Dedmon Trucking Company 
200 North LaFayette Street 
Shelby, North Carolina 

General Commodities except those requiring spec- 
ial equipment. 

Irregular Routes 
To and from points and places in Cleveland and 
Burke Counties, and between points and places 
in said Counties on one hand, and points and 
places in North Carolina on and west of U. S. 
Highway 17 from the South Carolina state line 
to Vanceboro and on and west of N. C. Highway 
43 from Vanceboro to Norlina, on the other hand. 



APPLICATION OF: 

HEARD IN: 
BEFORE: 

APPEARANCE: 



DOCKET NO. T-31 

ORDER 

Dickson Transfer Company, Inc. 
Salisbury, North Carolina 

Raleigh, North Carolina, on June 30, 1949 

Edward H. McMahan, Joshua S. James and Fred 
C. Hunter, Commissioners 



For the Applicant: 

George R. Uzzell, Attorney at Law, Salisbury, North Carolina 

For the Protestants: 

I. M. & Ruffin Bailey, Bailey and Holding, Attorneys at Law, Ra- 
leigh, North Carolina, representing Fredrickson Motor Express, 
Miller Motor Express and Helms Motor Express. 



Decisions and Adjustments of Complaints 159 

Arch T. Allen, Attorney at Law, Raleigh, North Carolina, repre- 
senting Great Southern Trucking Co. 

Howard O. Woltz, Jr. & Wilson Barber, Attorneys at Law, Mount 
Airy, North Carolina, representing Federal Motor Express 

HUNTER, COMMISSIONER. This is an application filed with the 
Commission on August 20, 1947, under Section 7 of the North Caro- 
lina Truck Act, wherein the applicant seeks a certificate under said 
section, authorizing certain regular route and irregular operations as 
a common carrier of general commodities. The applicant offered in 
evidence at the hearing the application, together with exhibits thereto 
attached and made a part thereof, and also offered in evidence the 
temporary authority granted to said applicant by the Commission pur- 
suant to the provisions of Section 10 of said Act. 

As provided by Section 7 (2-b), the applicant reported all shipments 
handled during the month of October, 1946, as being representative of 
the nature and scope of its operations as of January 1, 1947, and sub- 
sequent to that time. Temporary authority was thereafter issued to 
the applicant, to which exceptions were filed by the applicant on the 
grounds that the same did not fairly represent the scope of the appli- 
cant's irregular route operations during the period fixed by statute 
for the determination of grandfather operating rights. In support of 
said exceptions, the applicant attached thereto a further report of ship- 
ments handled during the months of May, June, September and Novem- 
ber, 1946, said exceptions and additional information in support thereof 
being in compliance with the rules of the Commission. Upon consider- 
ation of said exceptions the Commission revised and reissued the appli- 
cant's temporary authority with respect to its irregular route operations, 
and the applicant now holds temporary authority from the Commission 
to transport general commodities as follows: 

Regular Routes 

1. From Charlotte to Greensboro over U. S. Highway 29. 

2. From Salisbury to Mocksville over U. S. Highway 601; thence 
to Winston-Salem over U. S. Highway 158. 

3. From Junction of U. S. Highway 601 and N. C. Highway 801 
over N. C. Highway 801 to Cooleemee. 

4. From Winston-Salem to Lexington over U. S. Highway 52. 
Return over same routes serving all intermediate points. 

Irregular Routes 

1. From Charlotte to points and places in the counties of David- 
son, Rowan, Mecklenburg, Iredell, Yadkin, Surry, Wilkes, 
Catawba, Lincoln, Gaston, Guilford, Burke, Caldwell, Ruther- 
ford, McDowell, Buncombe, Rockingham, Alamance, Durham, 
Wake, Wilson, Richmond, Scotland, Robeson, Columbus and 
New Hanover. 



160 N. C. Utilities Commission 

2. From Charlotte to Albemarle, Oakboro, Asheboro, Dunn, Fay- 
etteville and Randleman. 

3. From Thrift to Albemarle. 

An analysis of the report of operations for the month of October, 
1946, shows that the applicant transported a total of 2,294 shipments 
during said month. Of this amount, 1,373 originated at Charlotte, 483 
at Winston-Salem, 359 at Greensboro, 31 at Salisbu'ry, 19 at Thrift, 9 
at North Wilkesboro, 6 at Mocksville, 2 at High Point, 2 at Kannapolis, 
2 at Durham, 1 shipment at each of the following points: Mooresville, 
Yadkinville, Elkin, Leaksville, Hickory, Concord, Spencer and Lexing- 
ton. Of the total of 2,294 shipments handled during said month, 1,902 
were delivered at points on regular routes above-described. The prin- 
cipal points to which the remaining 392 shipments were delivered are 
Burlington 61, Gastonia 37, Mooresville 32, North Wilkesboro 29, Elkin 
27, Albemarle 14, Reidsville 13, Leaksville 13, Rockwell 11, Fayetteville 
10, Shelby 9, Granite Quarry 8, Swepsonville 8, Durham 8, Graham 7, 
Madison 7, and Statesville 6. From one to five shipments were delivered 
at some 58 other points not on the regular routes above-described. 

A study of the additional reports covering shipments made during 
the months of May, June, September and November, 1946, does not 
materially change the pattern of operations shown to have been per- 
formed in October 1946. During May and June all shipments were 
originated at Charlotte, during September 106 shipments originated at 
Charlotte as compared with 10 at Winston-Salem and 4 at Greensboro, 
and during the month of November 134 shipments originated at Char- 
lotte as compared with 21 at Winston-Salem and 3 at Greensboro. The 
principal destination points served during May, June, September and 
November, when considered along with the report for October, do not 
change the general picture of the operation. The temporary authority 
as revised and as heretofore set out appears to fairly represent the 
nature and scope of the applicant's operations during the period fixed 
by statute for the determination of grandfather operating rights. 

Protestants offered no testimony, but contended that the applica- 
tion should be denied. The principal ground insisted upon was that 
some years ago the applicant filed an application which was heard by 
the Commission and denied, in which the Commission found at that 
time that the applicant was a contract carrier and that public conven- 
ience and necessity was not shown justifying a change of status to that 
of a common carrier. Whatever may have been the status of the appli- 
cant at that time, it was unquestionably engaged in common carrier 
operations during the year 1946, and has been so engaged subsequent 
to that time. Whether it was operating at all prior to 1946 is immaterial 
under the provisions of Section 7 of the Truck Act. Furthermore, the 
protests filed to the application are not based upon such grounds and 
in this respect do not comply with Section 11, paragraph (5) of said 
Truck Act, nor with Rule 13 adopted by the Commission pursuant to 
said Section and paragraph. 



Decisions and Adjustments of Complaints 161 

Upon consideration of the application, the Commission finds: 

1. That said application was filed under the provision of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibits A and B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibits A and B hereto attached and made 
a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy to the applicant's attorney, and a copy to the 
counsel for each protestant of record in this cause, and a formal certifi- 
cate issued to the applicant in accordance with said findings and order. 

Issued by order of the Commission. 

This 23rd day of November, 1949. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-31 Dickson Transfer Company, (Inc.), 

Regular route and irregular route common carrier, 
Salisbury, North Carolina 

EXHIBIT A Transportation of general commodities, except 

those requiring special equipment. 

Regular Routes 
Route 1. From Charlotte to Greensboro over U. S. 

Highway 29 and 29-A. 
Route 2. From Salisbury to Winston-Salem over 

U. S. Highway 601 from Salisbury to 

Mocksville; thence over U. S. Highway 

158 to Winston-Salem. 
Route 3. From Junction of U. S. Highway 601 and 

N. C. Highway 801 over N. C. Highway 

801 to Cooleemee. 



162 N. C. Utilities Commission 

Route 4. From Winston-Salem to Lexington over 
U. S. Highway 52. 

And return over said routes serving all 
intermediate points. 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment. 

Irregular Routes 

1. From Charlotte to points and places in the 
counties of Davidson, Rowan, Mecklenburg, 
IredeU, Yadkin, Surry, Wilkes, Catawba, Lin- 
coln, Gaston, Guilford, Burke, Caldwell, Ruth- 
erford, McDowell, Buncombe, Rockingham, 
Alamance, Durham, Wake, Wilson, Richmond, 
Scotland, Robeson, Columbus and New Han- 
over. 

2. From Charlotte to Albemarle, Oakboro, Ashe- 
boro, Dunn, Fayetteville and Randleman. 

3. From Thrift to Albemarle. 

Irregular route operations are not authorized 
which will duplicate regular route operations. 



DOCKETS NOS. T-31 AND T-31. SUB 1 
ORDER 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
Motor carrier operating rights of Dickson 
Transfer Company, Inc., Salisbury, North 
Carolina. 

HEARD IN: Raleigh, North Carolina, on February 20, 1950 

BEFORE: Fred C. Hunter, Joshua S. James and E. H. Mc- 

Mahan, Commissioners 

APPEARANCES: 

For the Applicant: 

George R. Uzzell, Attorney at Law, Salisbury, North Carolina. 

For the Protestants: 

I. M. & Ruffin Bailey, Bailey and Holding, Attorneys at Law, Ra- 
leigh, North Carolina, representing Fredrickson Motor Express, 
Miller Motor Express and Helms Motor Express. 
Arch T. Allen, Attorney at Law, Raleigh, North Carolina, repre- 
senting Great Southern Trucking Company. 

Howard O. Woltz, Jr., Wilson Barber, Attorneys at Law, Mount 
Airy, North Carolina, representing Federal Motor Express. 



Decisions and Adjustments of Complaints 163 

HUNTER, COMMISSIONER: The application in Docket No. T-31 
is a so-called grandfather application for certain operating rights under 
Section 7 of the North Carolina Truck Act, which application was heard 
and a final decision entered therein on November 23, 1949, from which 
said order the protestants appealed; the appeal being certified to the 
Superior Court of Rowan County and subsequently withdrawn. The 
application in Docket No. T-31, Sub 1 is for certain additional operating 
rights under the provisions of Section 11 of said Truck Act. 

After a hearing covering some two days on the application in Docket 
No. T-31, Sub 1, an agreement was entered into between the applicant 
and protestants to the effect that the protestants would not oppose the 
granting of the operating rights for which the applicant applied in said 
Docket No. T-31, Sub 1 on condition that the applicant surrender all its 
irregular route operations granted by the Commission in Docket No. 
T-31; it being further understood and agreed that upon the acceptance 
of said proposal by the applicant that the protestants would withdraw 
the pending appeal to the Superior Court in Docket No. T-31. The 
terms of said agreement were fully explained to the Commission at 
the time of the hearing of the application in Docket No. T-31, Sub 1 
and was approved by the Commission and the matter closed. Upon the 
advice from the Commission at said hearing that it considered the 
agreement entered into between the parties to be in public interest and 
fair and just to all parties concerned inasmuch as the applicant offered 
testimony to the effect that its irregular route operations were un- 
profitable and that it preferred to operate only over the regular routes 
for which authority was given in Docket No. T-31 and for which appli- 
cation was made in Docket No. T-31, Sub 1. 

Upon the consummation of the aforesaid agreement between the 
parties, the appeal in Docket No. T-31 was withdrawn and all papers 
and records transmitted to the Superior Court of Rowan County were 
returned to the Commission and said appeal dismissed. 

All points in controversy between the parties having been settled 
by mutual agreement and approved by the Commission, it is not deemed 
necessary to set out the evidence, but suffice it to say that the evidence 
offered in support of the application in Docket No. T-31, Sub 1 will 
justify the granting of a certificate of public convenience and necessity 
for the regular route operation for which application was made in 
said docket. 

Upon consideration of the aforesaid agreement, IT IS, HEREBY, 

ORDERED: 

1. That a certificate be issued to the Applicant, Dickson Transfer 
Company, Inc., granting to said applicant the operating authority as 
particularly set out in Exhibit A hereto attached. 

2. That the applicant shall immediately cancel its existing tariff 
relating to any and all irregular route operations and shall publish 
and file in lieu thereof a proper tariff relating to and embracing the 
regular route operations as set out in Exhibit A hereto attached. 



164 N. C. Utilities Commission 

Issued by order of the Commission. 
This 27th day of April, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKETS NOS. T-31, and SUB 1 Dickson Transfer Company, Inc. 
Regular route common carrier, Salisbury, North 
Carolina 

EXHIBIT A Transportation of general commodities, except 

those requiring special equipment. 
Regular Routes 

Route 1. From Charlotte to Greensboro over U. S. 
Highway 29 and 29-A. 

Route 2. From Salisbury to Winston-Salem over 
U. S. Highway 601 from Salisbury to 
Mocksville; thence over U. S. Highway 
158 to Winston-Salem. 

Route 3. From Junction of U. S. Highway 601 
and N. C. Highway 801 over N. C. High- 
way 801 to Cooleemee. 

Route 4. From Winston-Salem to Lexington over 
U. S. Highway 52. 

Route 5. From Salisbury to Albemarle over U. S. 
Highway 52. 

Route 6. From Salisbury to Faith over an un- 
numbered highway. 

Route 7. From Mocksville to Mount Airy over 
U. S. Highway 601. 

Route 8. From Greensboro over U. S. Highway 
70 to its intersection with State High- 
way 100, thence over State Highway 
100 via Gibsonville and Elon College to 
Burlington and Graham, thence over 
U. S. Highway 70 to Haw River and 
Mebane, thence back to Burlington via 
Haw River. 

Route 9. From Burlington over State Highway 
' 87 to Leaksville-Spray via ReidsviUe, 

thence over State Highway 770 and U. S. 
Highway 220 to Madison via Mayodan, 
thence over U. S. Highway 220 to 
Greensboro. 

And return over the aforesaid routes 
serving all intermediate points. 

NOTE: Routes 1-4 granted in Docket No. T-31; 
Routes 5-9 granted in Docket No. T-31, 
Sub 1. 



Decisions and Adjustments of Complaints 165 

DOCKET NO. T-340 

ORDER 

APPLICATION OF: Disher Transfer and Storage Company, 
215 North Liberty Street, 
Winston-Salem, North Carolina 

HEARD IN: Raleigh, North Carolina, February 15, 1950. 

BEFORE: Edward H. McMahan, Commissioner 

APPEARANCES: 

For the Applicant: 

Spruill Thornton, Attorney at Law, Wachovia Bank Building, 
Winston-Salem, North Carolina 

For the Protestants: 

Fredrickson Motor Express, Miller Motor Express and Helms Mo- 
tor Express by I. M. Bailey of the law firm of Bailey & Holding, 
Raleigh, North Carolina. 

McMAHAN, COMMISSIONER: 

This is an application filed by the Disher Transfer and Storage Com- 
pany of Winston-Salem, North Carolina, under Section 7 of the North 
Carolina Truck Act of 1947, wherein the applicant seeks authority to 
operate as a common carrier of property, by motor vehicle, for com- 
pensation, over irregular routes, for the transportation of general com- 
modities, within the area of the entire State of North Carolina. This 
application was filed on the 30th day of September, 1947, and indicates 
that the applicant is an individually owned business, operated by E. J. 
Disher as sole owner, under the firm title and trade name of Disher 
Transfer and Storage Company. 

Attached to the applicant's application, in a form of an exhibit, is 
a statement showing that it maintains a warehouse and terminal facili- 
ties, together with pickup and delivery service, at Winston-Salem, 
North Carolina, and at no other places; and also attached thereto, as a 
part of the same exhibit, is a list of the applicant's equipment. Further 
attached to the application, and marked Exhibit 3, is a listing of the 
operations of the applicant for the month of October, 1946, chosen by 
the applicant as being representative of the nature and extent of its 
operations, from January 1, 1947, to the date of the filing of the appli- 
cation. There is also attached, and marked Exhibit 4, a financial state- 
ment of the applicant, which reveals a net worth of $43,314.52. 

Based upon the application as filed, the Commission, under an order 
dated November 2, 1948, granted to the applicant certain temporary 
authority, authorizing the applicant to transport household goods, as 
defined by the Interstate Commerce Commission in Ex Parte MC-19, 
office equipment, corrugated boxes and bottle crates, over irregular 
routes, from Winston-Salem, North Carolina, to points and places within 



166 N. C. Utilities Commission 

the following counties: Buncombe, Caldwell, Burke, Cleveland, Wilkes, 
Catawba, Gaston, Surry, Iredell, Mecklenburg, Davie, Forsyth, David- 
son, Anson, Rockingham, Guilford, Randolph, Alamance, Durham, Har- 
nett, Cumberland, New Hanover, Onslow and Carteret. 

Thereafter, on December 16, 1948, the applicant filed exceptions with 
the Commission, excepting to the temporary authority, for that the 
same, "does not include the right to transport general commodities 
from and to all points and places within the State of North Carolina." 
Attached to said exceptions was a statement, or listing, of the entire 
operations of the applicant for the year 1946. 

Upon receipt of the exceptions filed by the applicant, the Commis- 
sion issued a revised temporary authority, under date of January 25, 
1949, wherein it granted to the applicant authority to transport general 
commodities, except those requiring special equipment, over irregular 
routes, between all points and places in the counties of Buncombe, 
Caldwell, Burke, Cleveland, Wilkes, Catawba, Gaston, Surry, Iredell, 
Mecklenburg, Davie, Forsyth, Davidson, Anson, Rockingham, Guilford, 
Randolph, Alamance, Durham, Harnett, Cumberland, New Hanover, 
Onslow, Carteret, Macon, Haywood, Transylvania, Mitchell, Avery, 
Watauga, Beaufort, Rutherford, Lincoln, Alleghany, Yadkin, Stokes, 
Rowan, Cabarrus, Stanly, Lee, Richmond, Person, Moore, Robeson, Wake, 
Columbus, Harnett, Halifax, Johnston, Wayne, Duplin, Wilson, Lenoir 
and Pitt. 

Upon the calling of the application for hearing, the applicant offered 
into evidence, and there was received by the Commission as evidence, 
the original application, together with all exhibits thereto attached; the 
temporary authority, and exhibit attached; the exceptions filed, with 
the exhibit attached; and the revised temporary authority, with its 
exhibit attached. The applicant then rested its case, contending that it 
had made a prima facie showing, sufficient to entitle it to the rights 
prayed for. 

The protestants offered no evidence, but moved to dismiss the 
application, for the reason that the applicant had not proven those 
things required by the Statute, sufficient to entitle it to the authority 
sought. This motion was overruled under the authority of the Commis- 
sion's holdings, in numerous cases, that the application, when accom- 
panied with exhibits showing the equipment, financial statement of 
the applicant and a listing of its operations for one or more complete 
months during the year 1946, showing the nature, extent and frequency 
of its operations, is sufficient prima facie evidence to entitle the appli- 
cant to the rights sought in conformity with the said application. This 
showing, together with the temporary authority issued to the applicant, 
is sufficient to prima facie establish the applicant's rights to the terri- 
tory set forth in the said temporary authority. The applicant had the 
right to file exceptions to the temporary authority, and that constitutes 
a part of the Commission's record in this cause; and said exceptions, 
with the revised temporary authority issued to the applicant, all of 



Decisions and Adjustments of Complaints 167 

which is a part of the Commission's record, and having been filed 
within the time allowed by the Commission, is a proper part of said 
record, and thus admissible into evidence. Therefore, since the appli- 
cant established a prima facie case, and the protestants having offered 
no evidence, the Commission has only the documentary evidence, above 
referred to, upon which to base its consideration and decision in the 
cause. 

The protestants contend that the applicant has not shown by its re- 
port of operations that it is entitled to authority to transport general 
commodities, and that since the Commission has undertaken to define 
certain special commodities, separate and apart from general commodi- 
ties, the application should be considered only for the transportation 
of those commodities shown to have been hauled by the applicant in 
its listings, or report of operations, shown for the month of October, 
1946, on its original application; and that in any event it should at 
least be confined to those products reported to have been hauled by 
it during the entire year of 1946, as shown by the exhibit attached to 
its exceptions. 

The rule of the Commission, establishing a classification of com- 
modities, was made for the purpose of dealing with applications filed 
for the granting of new rights or authority, under the 1947 Truck Act, 
based upon a showing of public convenience and necessity. The rule 
does not apply to applications filed under Section 7. This section, known 
as the "grandfather clause," gives to all operators a right to seek a 
certificate of authority, granting them the authority to conduct the same 
scope of operations, which they performed prior to the 1st day of Janu- 
ary, 1947. Thus, the applicant, having held itself out to transport gen- 
eral commodities, and having transported various commodities of dif- 
ferent makes and descriptions, prior to January 1, 1947, is, in the 
opinion of the Hearing Commissioner, entitled to this same authority. 

The revised temporary authority, issued to the applicant, gave the 
applicant the right to transport general commodities, except those re- 
quiring special equipment, over irregular routes, between all points 
and places in the counties designated under the revised temporary 
authority, as hereinabove shown. The original temporary authority 
confined the applicant to the transportation of commodities designated 
thereunder, from Winston-Salem, North Carolina, to the points and 
places in the counties therein referred to. The applicant's showing of 
operations for the entire year of 1946, listed only nine shipments made 
by the applicant, out of the entire list, which did not either originate 
in, or were destined to the City of Winston-Salem, North Carolina. 
Further examination reveals that five of these nine shipments either 
originated in, or terminated in, Forsyth County. It is the opinion of 
the Hearing Commissioner that the applicant has not shown sufficient 
frequency of continuous operations, between points and places within 
the counties enumerated, to entitle him to a scope of authority to operate 
between any and all points within said counties; and that the applicant 
should be limited to the transportation of commodities that either origi- 



168 N. C. Utilities Commission 

nate in, or are destined to, points and places within Forsyth County, 
and to and from points and places within the counties enumerated 
under description of territory in the revised temporary authority. 

The Commission, therefore, finds the following facts: 

1. That the applicant was engaged as a bona fide common carrier 
of freight, by motor vehicle, on January 1, 1947, and as such is entitled 
to a certificate under the provisions of Section 7 of the 1947 Truck Act. 

2. That the applicant's operations, as such carrier, were reasonably 
frequent and continuous throughout the year 1946, between the points 
and places hereinafter designated. 

3. That the applicant has complied with all regulations of the 1947 
Truck Act, and is entitled to receive a certificate under Section 7 
thereof. 

IT IS, THEREFORE, ORDERED: 

That the application of the applicant be, and the same is hereby 
granted to the end that it be issued a certificate granting authority to 
transport general commodities, except those requiring special equip- 
ment, over irregular routes, from all points and places within Forsyth 
County, North Carolina, to all points and places within the counties 
designated under Exhibit B, hereto attached; and from all points and 
and places within the counties listed under Exhibit B, attached, to 
all points and places within Forsyth County, North Carolina; and from 
any point and place within Forsyth County to any other point and 
place within Forsyth County. 

It is further ordered that a copy of this order be mailed to the 
applicant, and his attorney of record; and a copy to the attorney 
appearing in behalf of the protestants. 

Issued by order of the Commission. 

This 7th day of March, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

EXHIBIT B 

DOCKET NO. T-340. E. J. Disher, d/b/a 

Disher Transfer and Storage Company 
• 215 North Liberty Street 

Winston-Salem, North Carolina 

COMMODITY DESCRIPTION 

General Commodities except those requiring spe- 
cial equipment 

TERRITORY DESCRIPTION 

Irregular Routes 
From all points and places within Forsyth County, 



Decisions and Adjustments of Complaints 



169 



North Carolina, to all points and places within 
hereinafter named counties; and from all points 
and places within the hereinafter named coun- 
ties, to all points and places within Forsyth 
County; and from any point and place within 
Forsyth County to any other point and place 
within Forsyth County. Said counties referred 
to above being: Buncombe, Caldwell, Burke, 
Cleveland, Wilkes, Catawba, Gaston, Surry, Ire- 
dell, Mecklenburg, Davie, Forsyth, Davidson, 
Anson, Rockingham, Guilford, Randolph, Ala- 
mance, Durham, Harnett, Cumberland, New Han- 
over, Onslow, Carteret, Macon, Haywood, Tran- 
sylvania, Mitchell, Avery, Watauga, Rutherford, 
Lincoln, Alleghany, Yadkin, Stokes, Rowan, 
Cabarrus, Stanly, Lee, Richmond, Person, Moore, 
Robeson, Wake, Columbus, Harnett, Halifax, 
Johnston, Wayne, Duplin, Wilson, Lenoir, Pitt, 
and Beaufort. 



DOCKET NO. T-287 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



ORDER 

Robie Dowless, d/b/a R. Dowless Transfer 
Dublin, North Carolina 

Elizabethtown, N. C, on April 14, 1950. 

John Hill Paylor, Examiner 



For the Applicant: 

Mr. W. M. York, Attorney at Law, Greensboro, North Carolina. 

For the Protestants: 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc. 
and Forbes Transfer Company. 

Mr. J. Ruffin Bailey, Attorney at Law, Bailey and Holding, Ra- 
leigh, N. C. for Fredrickson Motor Express, Helms Motor Express 
and Miller Motor Express. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 10:30 a.m. on 
April 14, 1950, at the Bladen County Courthouse, Elizabethtown, N. C. 
Applicant Seeks a certificate under Section 7 of the 1947 Truck Act to 



170 N. C. Utilities Commission 

transport general commodities, except those requiring special equip- 
ment over irregular routes between all points and places within the 
following counties: Catawba, Rowan, Mecklenburg, Robeson, Columbus, 
Bladen, Cumberland, Sampson, Duplin, New Hanover, Martin, Pender, 
Brunswick, Scotland, Wilson and Montgomery; building materials be- 
tween points and places within the following counties: Guilford, Ala- 
mance, Edgecombe, Chatham, Moore, Sampson, Bladen, Pender, Cum- 
berland and Nash; gravel between points and places within the counties 
of Harnett and Bladen. A stipulation was entered into and dictated 
into the record to the effect that if authority is granted by the Commis- 
sion that unmanufactured tobacco in hogshead from warehouse to 
redrying plants be excepted therefrom. 

Mr. Robie Dowless testified that the application and exhibits at- 
tached thereto were prepared under his instructions and from records 
made of the 1946 operations. Application, exhibits attached thereto, 
temporary authority dated November 3, 1948, exhibits attached thereto, 
exceptions filed January 10, 1949, with exhibits thereto attached, sup- 
plemental report of operations, revised temporary authority with ex- 
hibits thereto attached dated January 13, 1949, and revised temporary 
authority dated January 26, 1949, with exhibits thereto attached were 
offered in evidence supporting grandfather application. Mr. Dowless 
was cross-examined by the protestants. Protestants offered no evi- 
dence. Applicant and protestants waived the filing of proposed find- 
ings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of rec- 



Decisions and Adjustments of Complaints 



171 



ord in this cause and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by order of the Commission. 

This 12th day of May, 1950. 

THE NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-287 Robie Dowless, d/b/a 
R. Dowless Transfer 
Dublin, North Carolina 



EXHIBIT B 



General commodities, except those requiring spe- 
cial equipment and unmanufactured tobacco in 
hogsheads from warehouse to redrying plants 
over irregular routes between points and places 
within the following counties: Catawba, Rowan, 
Mecklenburg, Robeson, Columbus, Bladen, Cum- 
berland, Sampson, Duplin, New Hanover, Martin, 
Pender, Brunswick, Scotland, Wilson and Mont- 
gomery. 



DOCKET NO. T-6I 

APPLICATION OF: T. C. Dowless, d/b/a 

T. C. Dowless Transfer 
P. O. Box 183 
Bladenboro, N. C. 



HEARD IN: 

BEFORE: 

APPEARANCE: 



Raleigh, N. C, on November 21, 1949. 
John Hill Paylor, Examiner 



For the Applicant: 

Mr. William M. York, Attorney at Law, Box 127, Greensboro, N. C. 

For the Protestants: 

Mr. J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Ra- 
leigh, N. C. for Miller Motor Express. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 11:00 o'clock a.m. 
on October 20, 1949, and continued until November 21, 1949, at 9:30 a.m. 
Applicant seeks a certificate under Section 7 of the 1947 Truck Act to 
transport fertilizer, cotton ties, cotton in bales, textiles and textile mill 



172 N. C. Utilities Commission 

machinery and supplies, plumber's supplies, veneer, plywood and lumber 
over irregular routes as set out in the calendar as well as the applica- 
tion on file with the Commission. 

Applicant testified that the application and exhibits attached thereto 
were prepared under his instructions and from records made of the 
1946 operations. Application, exhibits attached thereto, temporary 
authority, exceptions to temporary authority and revised temporary 
authority No. C-154 were offered in evidence supporting grandfather 
application. Applicant stated that it has been operating in the truck- 
ing business since April, 1928. Applicant was cross-examined by the 
protestants. Protestants offered no evidence. Applicant and protestants 
waived the filing of proposed findings of fact and conclusions of law 
and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of rec- 
ord in this cause and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by order of the Commission. 

This 3rd day of December, 1949. 

THE NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 



173 



DOCKET NO. T-61 T. C. Dowless, d/b/a 

T. C. Dowless Transfer 
P. O. Box 183 
Bladenboro, N. C. 

EXHIBIT B (1) Fertilizer over irregular routes from Wilming- 

ton and points and places within five miles there- 
of and from Acme to points and places in the 
counties of Columbus, Pender, Robeson, Duplin, 
Wayne, Sampson, Cumberland, Scotland, Wake, 
Chatham, Harnett, Lee, Moore, Richmond, Ran- 
dolph, Stanly, Stokes, Forsyth, Nash, Edgecombe, 
Alamance, Person, Guilford, Montgomery, Union, 
Anson and Surry. 

(2) Cotton ties over irregular routes from Bladen- 
boro to Wilmington. 

(3) Cotton in bales over irregular routes from all 
points and places in the counties of Vance, War- 
ren, Franklin, Halifax, Wake, Johnston, Cumber- 
land, Bladen, Robeson, and Scotland to Bladen- 
boro; from Charlotte to Maxton and Bladenboro; 
from Lumberton to Marion and Smithfield; from 
Bladenboro to Smithfield, Rockingham and 
Mooresville. 

(4) Textiles and textile mill machinery and sup- 
plies over irregular routes between Bladenboro 
and Charlotte; from Bladenboro to aU points and 
places in the counties of Polk, Cleveland, Burke, 
Catawba, Gaston, Surry, Forsyth, Rockingham, 
Guilford, Stanly, Anson, Moore, Alamance, Person, 
Wake, Cumberland, New Hanover and Cabarrus. 

(5) Plumber's supplies over irregular routes be- 
tween Wilmington, Charlotte, and Fayetteville; 
from Charlotte to Camp Davis; from Camp Butner 
to Goldsboro; from Wilmington to Camp Butner; 
from Lilesville to Bladenboro; from Wilmington 
to Elizabeth City, Carolina Beach, Graham, and 
Concord. 

(6) Veneer, plywood and lumber over irregular 
routes between all points and places in the coun- 
ties of Bladen and New Hanover; from Clarkton 
to Fayetteville and High Point; from Wilmington 
to Oak Grove and Cherry Point; from White ville 
to Atlantic; from Camp Davis to Fort Bragg; from 
Charlotte to Bladenboro; from Fairmont to Day- 
strom and North Wilkesboro; from Lexington to 
Maxton. 



174 • N. C. Utilities Commission 

DOCKET NO. T-28 

ORDER 

APPLICATION OF: A. R. Dupree, d/b/a 

A. R. Dupree Transfer 
205 West Pitt Street 
Tarboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on October 7, 1949 

BEFORE: , M. B. Glover, Examiner 

APPEARANCES: 

For the Applicant: 

George M. Fountain, Attorney at Law, Tarboro, N. C. 

For the Protestants: 

J. Ruffin Bailey, Attorney at Law, Raleigh, N. C, for Mrs. Mabel 
D. Burton, d/b/a Helms Motor Express and Miller Motor Express; 
J. C. Weaver, Traffic Manager, for The Transport Corporation, 
Blackstone, Virginia 

GLOVER, EXAMINER: This is an application filed with the Com- 
mission on August 15, 1947, under the provisions of Section 7 of the 
North Carolina Truck Act. The applicant seeks a certificate to transport 
general commodities except those requiring special equipment over 
irregular routes between points and places within a radius of 250 miles 
of Tarboro; new furniture from High Point to Tarboro, telephone 
equipment of every description, including poles, between points and 
places within a radius of 200 miles of Tarboro. 

Upon an analysis of the application, the Commission on September 
15, 1948, issued temporary authority to said applicant authorizing opera- 
tions as an irregular route common carrier as follows: "General com- 
modities except those requiring special equipment between points and 
places within a radius of 125 miles of Tarboro." 

Applicant on October 12, 1948, filed exceptions to said temporary 
authority contending that it did not give to him sufficient territory to 
cover what he had in 1946 as shown in Exhibit 3 of his application. Said 
exceptions were filed with a report showing additional movement of 
freight made in February, March, August and December, 1946. 

The Commission on November 26, 1946, issued revised temporary 
authority as follows: "General commodities except those requiring 
special equipment over irregular routes between points and places 
within a radius of 125 miles of Tarboro, from Tarboro to Maxton, new 
furniture from High Point to Tarboro". Upon issuance of this revised 
temporay authority, applicant on October 1, 1949, filed a demand for 
hearing, and protests were filed by Mrs. Mabel D. Burton, d/b/a Helms 
Motor Express, Miller Motor Express and The Transport Corporation. 

The case was set for hearing on October 7, 1949, and assigned, by 



Decisions and Adjustments of Complaints 175 

order of the Commission on October 6, 1949, to Examiner M. B. Glover 
for hearing, recomm.ended report and order. 

At the time of hearing applicant offered in evidence the original 
application, together with the exhibits thereto attached, and also offered 
in evidence said revised temporary authority and the exceptions thereto. 
Spencer Dupree, manager for his father, A. R. Dupree, owner of A. R. 
Dupree Transfer, testified that from 50 to 75 per cent of their business 
was that of transporting telephone equipment from Tarboro, North 
Carolina, to various points served by the Carolina Telephone and 
Telegraph Company, and that all of the leaf tobacco hauled by them in 
1946 was within the town of Tarboro with an occasional load to nearby 
points. 

The applicant elected to file with his application a report of his 
operations for the year 1946 as provided by Section 7 (b) of the North 
Carolina Truck Act. Said report listed approximately 500 shipments 
for the year 1946, or an average of approximately 42 shipments a month, 
of which the examiner finds moved with a radius of 125 miles of Tarboro 
with the exception of new furniture and telephone equipment which 
moved in a radius of 175 miles of Tarboro. The application and the 
oral testimony offered in support thereof is sufficient to justify the 
applicant's claim to an irregular route operation as applied for, but 
subject to the limitations hereinafter set ou. in Exhibit B. 

Upon consideration of the application, the exhibits thereto attached 
and the oral testimony, the examiner finds: 

(1) That said application was properly filed and classified under 
Section 7 of the North Carolina Truck Act, within the time required by 
said section and in compliance with the provisons thereof. 

(2) That said applicant was in bona fide operation as an irregular 
route common carrier of property by motor vehicle in intrastate com- 
merce during the year 1946, was so operating on January 1, 1947, and 
has continued to so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and the territory served in the 
transporation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as an 
irregular route common carrier of property by motor vehicle in intra- 
state commerce as particularly set out in Exhibit B hereto attached and 
made a part hereof. 

(b) That a copy of the findings and order herein be mailed to 



176 



N. C. Utilities Commission 



applicant, applicant's attorney and counsel for the protestants, and 
that a formal certificate be issued to the applicant. 

Issued by ord'sr of the Commission. 

This 18th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-28 A. R. Dupree, d/b/a A. R. Dupree Transfer, 
irregular route common carrier, Tarboro, North 
Carolina 



EXHIBIT B 



General commodities except those requiring 
special equipment between points and places 
within a radius of 125 miles of Tarboro. 
Limitation: Truck loads only. 

Telephone equipment of every description, in- 
cluding poles, between points and places within 
a radius of 175 miles of Tarboro. 

New furniture from High Point to Tarboro. 
Limitation: Truck loads only. 

Leaf tobacco in baskets and sheets between points 
and places within 30 miles of Tarboro. 



DOCKET NO. T-1I4 

ORDER 

APPLICATION OF: G. S. Donnell, d/b/a 

Eastern Oil Transport 
1006 South Front Street 
Wilmington, North Carolina 



HEARD IN: 

BEFORE: 

APPEARANCES: 



Wilmington, N. C. on April 13, 1950 
John Hill Paylor, Examiner 



For the Applicant: 

Applicant appeared in person. 

For the Protestants: 

Mr. J. A. Myatt, Attorney at Law, High Point, N. C, for the Asso- 
ciated Petroleum Carriers. 

The above case which was regularly calendared for hearing was re- 
ferred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 



Decisions and Adjustments of Complaints 17,7 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 11:00 a.m. on April 
13, 1950, at the New Hanover County Courthouse, Wilmington, N. C. Ap- 
plicant seeks a certificate under Section 7 of the 1947 Truck Act to trans- 
port petroleum and petroleum products in bulk, in tank trucks over 
irregular routes from Wilmington, N. C, and points and places within five 
miles thereof and from Friendship, Morehead City, River Terminal, 
Salisbury and Thrift to points and places within the entire State of 
North Carolina. 

Mr. G. S. Donnell testified that the application and exhibits attached 
thereto were prepared under his instructions and from records made of 
the 1946 operations. Application and exhibits attached thereto, temporary 
authority dated June 7, 1948, and exhibit attached thereto, revised tem- 
porary authority dated December 17, 1948, and exhibit attached thereto 
were offered in evidence supporting grandfather application. Said appli- 
cant stated that he was operating in trucking business in 1946 and has 
operated continuously since January 1, 1947, and prior thereto. Applicant 
was cross-examined by the protestants. Protestants offered no evidence. 
Applicant and protestant v/aived the filing of proposed findings of fact 
and conclusions of law and briefs. 



The Examiner finds: 



n-.^y t.'\ 



(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act and 
in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the year 
1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. ' '■ 

(3) That the operations shown by the report of said applicant as re- 
quired by Section 7 (b) of said Act were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. ., 



178 



N. C. Utilities Commission 



Issued by Order of the Commission. 
This 12th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Martha Fleming, Chief Clerk 



DOCKET NO. T-114 



EXHIBIT B 



G. a Donnell, d/b/a 
Eastern Oil Transport 
1006 South Front Street 
Wilmington, North Carolina 

Transportation of petroleum and petroleum prod- 
ucts in bulic, in tank trucks over irregular routes 
from Wilmington and points and places within 
five miles thereof, and from Friendship, More- 
head City, River Terminal, Salisbury and Thrift 
to points and places within the entire State of 
North Carolina. 



DOCKET NO. T-489 

FINAL ORDER 

APPLICATION OF: Eastern Transit Storage Company (a corporation) 
Charlotte, North Carolina 



HEARD IN: 
BEFORE: 

APPEARANCES: 



Raleigh, North Carolina, on March 10, 1950 

Joshua S. James, Harry T. Westcott, and Fred C. 
Hunter, Commissioners 



For the Applicant: 

John H. Small, Attorney at Law, Charlotte, N. C. 

For the Protestants: 

I. M. Bailey, Attorney at Law, Raleigh, N. C, for Fredrickson 
Motor Express, Helms Motor Express and Miller Motor Express 
Copeland E. Adams, Attorney at Law, Blackstone, Virginia, for 
The Transport Corporation, Vance Trucking Company, Inc. and 
Forbes Transfer Company 

HUNTER, COMMISSIONER: This is an application for a certificate 
under the provisions of Section 7 of North Carolina Truck Act in which 
the applicant seeks authority to transport general commodities over ir- 
regular routes throughout the entire State of North Carolina. At the 
time the case was called for hearing, the applicant moved for leave to 
amend the application in two respects (a) by eliminating therefrom and 
disclaiming any right to transport unmanufactured tobacco and acces- 
sories, and (b) by restricting the territory, or the scope of operations, 
to an irregular route operation between points on U. S. Highway 74 be- 



Decisions and Adjustments of Complaints 179 

tween Rockingham and Asheville, and between points on U. S. Highway 
64 between Bat Cave and Brevard, Hendersonville excepted. In other 
words, the applicant disclaims the right to transport unmanufactured 
tobacco and accessories under any conditions and proposes to restrict its 
operations in the transportation of other commodities to hauls which 
originate and terminate at points on U. S. Highway 74 between Rock- 
ingham and Asheville, and to points on U. S. Highway 64 between Bat 
Cave and Brevard, but not including the right to either receive or de- 
liver freight at Hendersonville. The operation is further restricted by 
said amendment to irregular route service, that is to say, a nonschedule 
service without any prean-anged plan or understanding with shippers, or 
a service which is performed only upon call and demand. It was made 
to appear to the Commission that this amendment was agreed upon be- 
tween the applicant and the protestants herein above-named, and with 
this understanding, said amendment was approved by the Commission, 
and said protestants thereupon offered no further opposition to the appli- 
cation as amended. 

The application was dated and sworn to on October 1, 1947, and was 
mailed in Charlotte on said date, and received by the Commission on 
October 2, 1947. Protestants contended that said application was not filed 
with the Commission within the time prescribed by Section 7 of said 
Truck Act, and for that reason could not be lawfully received and con- 
sidered by the Commission. Counsel for the applicant stated that the 
preparation of said application was completed on October 1, 1947, late 
in the afternoon, and would have been sent to the Commission by a 
special messenger and filed on said date but for the fact that he com- 
municated with the Commission by telephone and was advised by a 
member of the Commission that the mailing of said application on said 
date would comply with the requirements of the statute. That such 
advice was given by a member of the Commission is not questioned. If, 
under the circumstances stated, the Commission was without authority 
to receive and consider said application, the same having been actually 
received by the Commission one day after the effective date of said Act, 
then the application cannot be sustained, a position which the Commis- 
sion does not take under the circumstances presented in this particular 
case, as hereinafter more fully set out. 

The application presents a further problem for the Commission in 
that the books and records of the applicant were destroyed by fire on 
January 19, 1947. The facts with respect to which are set out in said 
application as follows: 

"The applicant corporation is a successor to Carey Transfer and 
Storage Company and Swift Transfer Company whose warehouse 
and terminal were destroyed by fire on January 19, 1947. All re- 
cords of operations were destroyed and it is not possible to present 
a full and complete report of any full calendar month during the 
year of 1946, as required by Section 7 (2) (b) of the North Caro- 
lina Truck Act." 



180 N. C. Utilities Commission 

"The destuction of facilities of both companies has likewise cur- 
tailed operations during 1947, but a new fireproof warehouse and 
terminal is under construction and will be occupied before the end 
of the year." 

"A summary of a representative month of intrastate operations in 
1946 would be: 

700 waybills 

1,500,000 pounds 

$5,000.00 Revenue" 

"The foregoing included all types of commodities." 

The applicant filed various supplements to the original application 
and a number of affidavits in which it is stated, among other things, 
that H. H. Stewart and H. D. Albright, President and Treasurer, respec- 
tively, of said applicant corporation, purchased the operating rights and 
property of two motor carrier companies, one being Swift Transfer Com- 
pany and the other being Carey Transfer and Storage Company, the 
former being located in Gastonia and purchased by said parties in De- 
cember, 1945, and the latter being located in Charlotte and purchased by 
said parties "some years ago"; that the office and property of Swift 
Transfer Company was moved from Gastonia to Charlotte in March, 
1946, and the business of both companies thereafter conducted from the 
warehouse of Carey Transfer and Storage Company in Charlotte until 
January 19, 1947, at which time said warehouse was destroyed by fire, 
along with all the books and records of said two companies; that the 
Eastern Transit Storage Company was incorporated in May, 1947, for 
the purpose of consolidating and talcing over the business and property 
of Swift Transfer Company and Carey Transfer and Storage Company; 
and that said new corporation, the applicant herein, began business on 
July 1, 1947. 

The original records being destroyed, the Commission permitted the 
applicant to file affidavits setting forth the nature and scope of the opera- 
tions of said predecessor companies during the year 1946, and further 
permitted the filing of any records of shippers or other data from which 
the Commission might determine the territory served by said predeces- 
sor companies and the nature and scope of their operations in said terri- 
tory prior to the destruction of said books and records, and the Commis- 
sion further permitted extensions of time within which the applicant 
might accumulate, prepare and file such information which, under the 
circumstances, could not have been accumulated, prepared and filed 
prior to che effective date of said Truck Act. 

The applicant obtained from shippers served by Swift Transfer Com- 
pany duplicate copies of waybills for January, February and a part of 
March, 1946, or up to the time that the office of said company was moved 
from Gastonia to Charlotte. Such copies of waybills could not have been 
obtained from all shippers served, but could be and were obtained from 
the larger shippers which kept such records on file. These waybills 



Decisions and Adjustments of Complaints 181 

obtained from certain large shippers show that said company trans- 
ported for these particular shippers 143 shipments during the month of 
January, 1946; 45 shipments during the month of February, 1946; and 10 
shipments during the month of March, 1946, or a total of 198 shipments, 
the date of the last shipment shown being March 12, 1946, which was the 
time the office of Swift Transfer Company was moved from Gastonia to 
Charlotte. The total transportation charges shown by these waybills 
is $1,619.10, and bills rendered aggregating this sum are marked paid by 
the shippers, as shown by the data filed with the Commission. Duplicate 
copies of waybills were also obtained by the applicant from shippers 
served by Swift Transfer Company showing the transportation per- 
formed by said company during the year 1945. No original records or 
copies of original records were filed with the Commission showing ship- 
ments made by Swift Transfer Company subsequent to March 12, 1946, 
and no original or copies of waybills were filed with the Commission 
showing shipments made by Carey Transfer and Storage Company at 
any time, prior or subsequent to the time of said fire. 

It was established at the hearing that Swift Transfer Company paid 
gross receipt taxes to the State of North Carolina in the gross amount 
of $330.73 for January, February and March, 1946. No further gross 
receipt taxes were paid in the name of said company to the State of 
North Carolina for the remainder of the year 1946. It is also in evidence 
in this case that Swift Transfer Company paid the State only $48.57 in 
franchise taxes for the first six months of the year 1947, and it is also 
in evidence in this case that no gross receipt taxes were paid to the 
State by Carey Transfer and Storage Company during any part of the 
years 1946 and 1947. In a supplement or an amendment filed to the 
original application, reference is made by the applicant to the failure 
to report and pay gross receipt taxes, said reference being as follows: 

"It will be noted that there is no report for the months April- 
December 1946. The undersigned (Harold Albright, Vice Presi- 
dent and General Manager) does not understand this omission 
and cannot explain it. He has no personal recollection of the mat- 
ter, and the only explanation which seems available is that the 
new Charlotte personnel was not familiar with the requirement to 
file form 329 reporting gross revenue. For-hire tags were pur- 
chased, and it is entirely possible that no additional tax would 
have been due." 

Mr. Harold Albright was a witness at the hearing in support of said 
application and testified at said hearing that he could not explain why 
no gross receipt taxes were paid to the State of North Carolina for busi- 
ness done during the last nine months of 1946. He explained that after 
the office of Swift Transfer Company was moved to Charlotte in March, 
1946, that the operations of said company were curtailed to some extent 
by reason of the change and adjustment of the business at the new loca- 
tion to meet the needs of a class of shippers different from those served 
from the Gastonia office. He stated, however, that a fleet of trucks was 
maintained and operated prior and subsequent to the time that the fire 



'182 N. C. Utilities Commission 

destroyed the warehouse, along with said books and records, no rolling 
equipment having been destroyed by said fire. Mr. Albright further 
testified to the effect that the operations of said predecessor companies 
have been regular and continuous for a number of years up to the time 
that the applicant corporation took over said transportation business in 
1947. 

Except for the failure of Swift Transfer Company and Carey Trans- 
fer and Storage Company to pay gross receipt taxes for the last nine 
months of 1946, the Commission would have no great difficuty in find- 
ing, not only that said companies were operating during said period, 
but the amount of such gross receipt taxes would show the volume of 
business done each month during said period, and upon this showing, 
along with the oral testimony offered as to the territory served, and the 
nature of commodities transported, a reasonably accurate and satis- 
factory decision could be reached as to the nature and scope of the 
operations performed. Upon the present record much is to be desired; 
that a fire destroyed the books and records of these predecessor com- 
panies is not questioned; that said companies were operating in 1946 is 
not questioned, the fact that Swift Transfer Company was operating in 
a substantial way during the first three months of 1946 is established for 
the testimony beyond any question. Why the applicant could not and 
did not furnish similar data from the books and records of its shippers 
for one or more calendar months nearer the close of the year 1946 is 
not clear, and, of course, the reason for failure to pay gross receipt taxes 
is not clear to the Commission. It is not clear to Mr. Albright, who was 
part owner of both of said predecessor companies. 

After careful consideration of all the testimony offered, oral and docu- 
mentary, the Commission has resolved all doubts, of which there are 
many, in favor of the applicant and finds that said applicant is entitled 
to a certificate authorizing operations as particularly set out in Exhibit B 
hereto attached, and it is so ordered. 

Issued by Order of the Commission. 

This 26th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Martha Fleming, Chief Clerk 

DOCKET NO. T-489 Eastern Transit Storage Company, irregular route 
common carrier, Charlotte, North Carolina 

EXHIBIT B The transportation of general commodities, un- 

manufactured tobacco and accessories excepted, 
over irregular routes between points on U. S. 
Highway 74 between Rockingham and Asheville, 
,: and between points on U. S. Highway 64 between 

Bat Cave and Brevard, Hendersonville excepted. 
■ The authority herein being limited to shipments 

which originate and terminate on the segments 
: ■ ' ■ ■ of the highways herein set out. 



Decisions and Adjustments of Complaints 183 

DOCKET NO. T-246 

FINAL ORDER 

APPLICATION OF: J. C. Eaves, d/b/a 

Eaves Transfer Company 
P. O. Box 2630 
Charlotte, North Carolina 

HEARD IN: Raleigh, North Carolina, on June 16, 1949 

BEFORE: Commissioner Fred C. Hunter, Joshua S. James 

and R. G. Johnson 

APPEARANCES: 

For the Applicant: 

William T. Hatch, Attorney at Law, Raleigh, N. C. 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C; 
for Fredrickson Motor Express, Miller Motor Express and Mrs. 
Mabel D. Burton, d/b/a Helms Motor Express 

HUNTER, COMMISSIONER: The above application, filed under Sec- 
tion 7 of the North Carolina Truck Act, was received by the Commission 
on September 27, 1947. The applicant seeks authority to operate as an 
irregular route common carrier in the transportation of general commo- 
dities to and from points within a radius of two hundred miles of Char- 
lotte. The applicant alleges in his application that about ninety-five per 
cent of his tonnage has been handled for the Duke Power Company and 
the Mill Power Supply Company of Charlotte. 

The applicant, Mr. J. C. Eaves, was present at said hearing and testi- 
fied that he began operations as a for-hire motor carrier prior to World 
War II, suspended operations for a time and began again in the early 
part of the year 1946 and has operated continuously since that time. He 
introduced in evidence the original application, together with the various 
exhibits thereto attached, and also offered in evidence the temporary 
authority which was issued to him by the Commission under Section 10 
of said Truck Act. Among the exhibits attached to the application is a 
detailed report or statement of the applicant's operations for the month 
of July, 1946, which said statement or report shows the date of each 
shipment made, its waybill number, the point of origin, the point of des- 
tination, a description of the commodites, its weight and the revenue 
received. This statement shows 228 shipments handled during the month 
of July, 1946, including a variety of different commodities ranging in 
weight from 14 pounds to 30,000 pounds. Of these 223 shipments one 
originated at Elkin, one at Durham, one at High Point, two at Greens- 
boro and were transported from said points to Charlotte. All other 
shipments originated in Charlotte and moved to points as far west as 
Brevard, as far north as Mount Airy and as far east as Durham. The 
applicant testified over objections of protestants that his operations were 



184 N. C. Utilities Commission 

more extensive than shown by report of the single month of July, 1946. 
He also testified over objections of protestants that he held himself out 
to transport commodities and to serve territory not included in the actual 
operations performed during the month of July, 1946. The Commission 
finds upon an examination of the applicant's report of operations for the 
month of July, 1946, that all shipments reported either originated or 
terminated in Charlotte and the Commission further finds that the opera- 
tions of the applicant as of January 1, 1947, wras that of an irregular 
route common carrier of general commodities from Charlotte to points 
and places within 150 miles thereof and from points and places within 
150 miles of Charlotte to Charlotte. 

The protestants offered no testimony. 

Upon consideration of the application and the oral testimony offered 
by the applicant, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the year 
1946, was so operating on January 1, 1947, and has continued to so operate 
since that time. 

(3) That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhbit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to appli- 
cant, a copy thereof to the applicant's attorney and a copy thereof to at- 
torney for protestants and that a formal certificate be issued to the appli- 
cant in accordance with the order herein. 

Issued by Order of the Commission. 

This 19th day of August, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Martha Fleming, Chief Clerk 

DOCKET NO. T-246 J. C. Eaves, d/b/a Eaves Transfer 
Company, irregular route common 
carrier, Charlotte, North Carolina 



Decisions and Adjustments of Complaints 185 

EXHIBIT B Transportation of general commodities except 

those requiring special equipment: 

1. To and from points and places in Mecklen- 
burg County. 

2. From points and places in Mecklenburg Coun- 
ty to points and places within a radius of 150 
miles of Charlotte. 

3. From points and places within 150 miles of 
Charlotte to points and places in Mecklenburg 
County. 



DOCKET NO. T-70 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
Edmac Trucking Company, Incorporated, 212 

Williams Street, Fayetteville, N. C, for : ORDER 

Grandfather rights under Section 8 of the 
1947 Truck Act. 

This cause now comes before the Commission upon petition of appli- 
cant requesting permission to amend applicaton in Docket No. T-71 from 
that of application of contract carrier rights to that of an application of 
common carrier rights; and that it appears to the Commission from an 
examination of the application that the application was in fact and in 
truth a common carrier of commodity set forth in said docket and that 
the amendment should be allowed and Docket T-71 consolidated with 
Docket T-70. 

IT IS, THEREFORE, ORDERED, that the amendment to application 
in Docket T-71 be allowed and that the application be treated as that 
of a common carrier under Section 7 of the 1947 Truck Act. 

IT IS FURTHER ORDERED, that said Docket T-71 be consolidated 
with Docket No. T-70. 

IT IS FURTHER ORDERED, that applicant file tariff to cover the 
commodity described in Docket No. T-71. 

By order of the Commission. 

This the 26th day of January, 1949. 

Fred C. Hunter, Commissioner 
Attest: 
Elsie G. Riddick, Chief Clerk 



186 N. C. Utilities Commission 

DOCKET NO. T-575 

FINAL ORDER 

APPLICATION OF: George C. Elders, d/b/a Elders Transfer 

Brookford Station, Hickory, North Carolina 

HEARD IN: Raleigh, North Carolina, on February 15, 1949 

BEFORE: Commissioners R. G. Johnson and Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

I. M. Bailey, Attorney, Raleigh, North Carolina 

No Protestants 

The applicant herein seeks authority under Section 11 of the North 
Carolina Truck Act to operate as a common carrier over irregular routes 
in the transportation of furniture in any quantity, fertilizer and general 
commodities upon a truck load basis only, but does not seek authority 
and does not propose to transport unmanufactured tobacco and acces- 
sories. The applicant seeks authority to transport the commodities above 
described to and from points and places in the counties of Catawba, 
Burke, Caldwell, McDowell, and Iredell, and said counties to points and 
places throughout the State of North Carolina, and from points and 
places throughout the State to said counties. 

The applicant offered testimony by witnesses living in Marion, Lenoir, 
Hickory and other points, from whose testimony and the testimony of 
the applicant it appears that there is a substantial public demand and 
need for the transportation of furniture and commodities and materials 
used in the manufacture threof, to and from points and places in said 
counties, and for the transportation of furniture from said counties to 
points and places throughout the State and for return hauls to said coun- 
ties of materials and supplies used in the manufacture of furniture, and 
the testimony further shows that the applicant has the equipment and 
the experience and is otherwise qualified to perform this service. 

Under present regulations, authority to transport fertilizer is not re- 
quired. 

The Commission is unable to find from the testimony any public 
demand or need for the transportation of general commodities other 
than those above described. 

Upon consideration of all the testimony adduced at the hearing, the 
Commission finds public convenience and necessity for the proposed ser- 
vice to the extent set out in Exhibit B, hereto attached and made a part 
hereof, and the Commission further finds that said applicant is qualified 
to perform the service to the extent set out in said Exhibit. 



Decisions and Adjustments of Complaints 187 

IT IS, THEREFORE, ORDERED: 

1. That the apphcant be, and is hereby, granted authority to operate 
as a common carrier in intrastate commerce over irregular routes in the 
transportation of the commodities descibed within the territory des- 
cribed, as particularly set out in said Exhibit B, subject to the followng 
conditions: 

(a) That the operations under the authority herein granted shall 
begin within 30 days from the date hereof, and shall not thereafter be 
suspended or discontinued without notice to and written consent from 
the Commission. 

(b) That within 30 days from the date hereof, and before beginning 
operations, the applicant shall (1) file with the Commission on Form 
N. C. M. C. 19 a full and complete description of each truck, tractor, and 
trailer to be used in the operation, (2) file with the Commission certifi- 
cates of insurance on Forms N. C. M. C. 22 and 23, and (3) print and 
file with the Commission tariffs, as required by Section 25 (2) of said 
Truck Act, showing all rates and charges to be made for or in connection 
with the transportation services herein authorized. 

2. That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the find- 
ings and order herein within the time allowed by law. 

Issued by Order of the Commission. 

This 25th day of February, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 

Attest: 

Elsie G. Riddick, Chief Clerk 

DOCKET NO. T-575 George C. Elders, d/b/a Elders Transfer, Brook- 
ford Station, Hickory, North Carolina (Irregular 
route common carrier) 

EXHIBIT B Furniture, and material and supplies used in the 
manufacture thereof, to and from points in the 
counties of Catawba, Burke, Caldwell, McDowell 
and Iredell; furniture from said counties to points 
and places throughout the State of North Caro- 
lina, and return hauls to said counties of materials 
and supplies used in the manufacture of furni- 
ture. 



188 N. C. Utilities Commission 

DOCKET NO. T-189 

FINAL ORDER 

APPLICATION OF: O. J. Elkins, d/b/a O. J. Elkins Transfer 
Greensboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on June 16, 1949 

BEFORE: Chairman Stanley Winborne, Commissioners Fred 

C. Hunter and R. G. Johnson 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Greensboro, N. C. 

For the Protestants: 

Bailey and Holding, Attorneys at Law, Raleigh, N. C, for Fred- 
rickson Motor Express, Miller Motor Express and Mrs. Mabel 
D. Burton, d/b/a Helms Motor Express 

HUNTER, COMMISSIONER: The above application was filed with 
the Commission on September 25, 1947, for a certificate under the pro- 
visions of Section 7 of the North Carolina Truck Act. The applicant 
seeks authority to transport general commodities over regular routes 
and between fixed termini. Upon an analysis of the applicant's opera- 
tions for the months of May and August, 1946, as shown by a detailed 
report of operations filed with and made a part of the application, the 
Commission issued to said applicant temporary authority authorizing 
the transportation of general commodities, except those requiring special 
equipment, over the following regular routes: 

Route 1. From Greensboro to Sanford and Jonesboro, viz: 
from Greensboro over U. S. Highway 421 to Sanford, Jones- 
boro and return, serving all intermediate points. 

Route 2. From Junction U. S. Highway 421 and U. S. High- 
way 64 at Siler City over U. S. Highway 64 to Pittsboro and 
return, serving all intermediate points. 

Route 3. From junction U. S. Highway 421 and N. C. High- 
way 87 at Jonesboro over U. S. Highway 421 to Lillington 
and return, serving all intermediate points. 

Upon the call of this cause for hearing, the applicant offered in evi- 
dence the application above referred to and also the temporary authority 
as above set out. The applicant testified that he began operations in 
the year 1929 and that he has been and is now engaged in regular route 
operation. 

The protestants offered no testimony. 

Upon an examination of the application and particularly the report 
of commodities transported and routes served, the Commission is of 
the opinion and finds that the temporary authority issued to said appli- 



Decisions and Adjustments of Complaints 189 

cant as above set out fairly represents the nature and scope of the appli- 
cant's operations as of January 1, 1947, and subsequent to that time, and 
the Commission further finds from the application and from the testi- 
mony: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Trucic Act, within the time required by said sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the year 
1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period by said report; that said report shows 
commodities transported and territory served in the transportation of the 
same as particularly set out in Exhibit A hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit A hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy thereof to counsel for protestants and that a formal 
certificate be issued to the applicant in accordance with the order herein. 

Issued by Order of the Commission. 

This 24th of August, 1949. ■• 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-189 O. J. Elkins, d/b/a O. J. Elkins Transfer, regular 
route common carrier, Greensboro, North Caro- 
lina 

EXHIBIT A General commodities except those requiring spec- 

ial equipment over the following regular routes: 
Route 1. From Greensboro to Sanford and Jones- 
boro, viz: from Greensboro over U. S. Highway 
421 to Sanford, Jonesboro and return, serving all 
intermediate points. 

Route 2. From Junction U. S. Highway 421 and 
U. S. Highway 64 at Siler City over U. S. High- 
way 64 to Pittsboro and return, serving all inter- 
mediate points. 



190 N. C. Utilities Commission 



Route 3. From Junction U. S. Highway 421 and 
N. C. Highway 87 at Jonesboro over U. S. High- 
way 421 to Lillington and return, serving all 
intermediate points. 



DOCKET NO. T-189 

CORRECTION ORDER 

APPLICATION OF: O. J. Elkins, d/b/a 

O. J. Elkins Transfer 
Greensboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on June 16, 1949 

BEFORE: Chairman Stanley Winborne, Commissioners Fred 

C. Hunter and R. G. Johnson 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Greensboro, N. C. 

For the Protestants: 

Bailey and Holding, Attorneys at Law, Raleigh, N. C, for Fred- 
rickson Motor Express, Miller Motor Express, and Mrs. Mabel D. 
Burton, d/b/a Helms Motor Express 

HUNTER, COMMISSIONER: Reference is made to the final order 
issued in the above case, dated August 24, 1949. 

It has come to the attention of the Commission that the temporary 
authority to which reference is made in said order contains, in addition 
to Routes 1, 2 and 3 Route No. 4 which is as follows: 

Route 4. From Junction of U. S. Highway No. 421 and N. C. High- 
way No. 87 via N. C. Highway 87 to Fayetteville, N. C. 
and return, serving all intermediate points. 

Through some inadvertence the above Route No. 4 was omitted from 
final order dated August 24, 1949, and it was the intention of the Com- 
mission to include the same, and the same should have been included. 

IT IS, THEREFORE, ORDERED: 

That said final order issued on August 24, 1949, be corrected by add- 
ing. thereto the right to transport general commodities, except those re- 
quiring special equipment, over Route No. 4 hereinabove described, and 
that a certificate be issued to said applicant authorizing operations over 
regular routes 1, 2, 3 and 4, as set out in temporary authority issued 
in this case under date of August 14, 1948. 

Issued by Order of the Commission. 



Decisions and Adjustments of Complaints 



191 



This 7th day of September, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Martha Fleming, Chief Clerk 

DOCKET NO. T-189 O. J. Elkins, d/b/a O. J. Elkins Transfer, regular 
route common carrier, Greensboro, North Caro- 
lina 



EXHIBIT A 



General commodities except those requiring 
special equipment over the following regular 
routes: 

Route 1. From Greensboro to Sanford and Jones- 
boro, viz: from Greensboro over U. S. Highway 
421 to Sanford, Jonesboro and return, serving all 
intermediate points. 

Route 2. From Junction U. S. Highway 421 and 
U. S. Highway 64 at Siler City over U. S. High- 
way 64 to Pittsboro and return, serving all inter- 
mediate points. 

Route 3. From Junction U. S. Highway 421 and 
N. C. Highway 87 at Jonesboro over U. S. High- 
way 421 to Lillington and return, serving all 
intermediate points. 

Route 4. From Junction of U. S. Highway No. 
421 and N. C. Highway No. 87 via N. C. Highway 
87 to Fayetteville, N. C. and return, serving all 
intermediate points. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-138 

ORDER 

John Henry Everett and Charles Oris Everett 
d/b/a Everett Motor Line 
Conetoe, North Carolina 

Raleigh, North Carolina, November 15, 1949 

Joshua S. James, Commissioner 



For the applicant: 

Mr. Herbert H. Taylor, Jr., Attorney at Law, Tarboro, N. C. 

For the protestant: 

Copeland E. Adams, Attorney at Law, Blackstone, Va., representing 
The Transport Corporaton, Blackstone, Va. 

JAMES, COMMISSIONER: 

By application filed on September 17, 1947, under the provision of 



1:92 N. C. Utilities Commission 

Section 7 of the North Carohna Truck Act the applicant herein seeks 
motor vehicle franchise rights to transport general commodities, except 
those requiring special equipment, between points and places within the 
entire State of North Carolina. Protest to the application was filed in apt 
time by the Transport Corporation, Blackstone, Virginia. Upon the calling 
of the case for hearing the following stipulation agreement was entered 
into between the applicant and the protestant and by consent made a 
part of the record: 

"Counsel for the Transport Corporation stipulates with Counsel 
for the applicant that its protest herein is hereby withdrawn with 
the understandnig that if "general commodities" are granted to 
the applicant, as requested in the application, such designation 
shall include the transportation of unmanufactured tobacco from 
farm to market, from warehouse to warehouse, and from ware- 
house to re-drying plants in sheets and baskets, but shall not in- 
clude the transportation of tobacco in hogsheads." 

The applicant offered and the same were received in evidence, the 
application with Exhibits thereto attached, the temporary authority 
issued by the Commission, the exceptions filed thereto by applicant and 
the revised temporary authority thereafter issued by the Commission 
on January 24, 1949. 

After full consideration of all the evidence the hearing Commissioner 
finds the following facts: 

1. That the application herein was duly filed under the provisions 
of Section 7 of the North Carolina Truck Act within the time required 
and otherwise in compliance with the provisions thereof. 

2. That the applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has so continued 
to operate since that time. 

3. That such operations as shown by the report filed with the Com- 
mission were reasonably frequent and continuous throughout the period 
covered by said report, but were largely confined, with few exceptions, 
to points and places roughly within the eastern half of the State. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be, and is hereby, authorized to transport 
general commodities, except tobacco in hogsheads, as a common carrier 
by motor vehicle in intrastate commerce over irregular routes within 
the territory specifically set out in Exhibit B hereto attached and made 
a part hereof. 

2. That a copy of the findings and order herein be mailed to the 
applicant, a copy to the applicant's attorney and a copy to the counsel 



Decisions and Adjustments of Complaints 193 

for protestant, and that a formal certificate be issued to the applicant 
in accordance with the said findings and order herein. 

Issued by order of the Commission. 

This 28th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-27 

ORDER 

APPLICATION OF: Woodrow Everett, Washington, North Carolina, 
for authority to transport general commodities, 
except those requiring special equipment, over 
irregular routes between points and places within 
a radius of 300 miles of Washington. 

Brick over irregular routes from Sanford to Wash- 
ington. 

HEARD IN: Raleigh, North Carolina, on October 7, 1949 

BEFORE: M. B. Glover, Examiner 

APPEARANCES: 

For the Applicant: 

Arch T. Allen, Attorney at Law, Raleigh, North Carolina 

For the Protestants: 

J. Ruffin Bailey, Attorney at Law, Raleigh, North Carolina, for 
Miller Motor Express, Charlotte, North Carolina, and Helms Motor 
Express, Albemarle, North Carolina 

J. C. Weaver, Traffic Manager, The Transport Corporation, Black- 
stone, Virginia 

GLOVER, EXAMINER: This is a grandfather application filed by 
Woodrow Everett, of Washington, North Carolina, on August 14, 1947, 
under Section 8 of the North Carolina Truck Act, wherein applicant 
seeks authority to operate as a contract carrier of general commodities 
over irregular routes, within a radius of 300 miles of Washington, North 
Carolina; but the North Carolina Utilities Commission, acting under 
Rule 17 of its Rules and Regulations for the Administration and En- 
forcement of the Truck Act, issued temporary authority to the appli- 
cant, based upon Exhibit 3 of his grandfather application as amended, 
to operate as an irregular route common carrier of general commodities, 
except those requiring special equipment, between all points and places 
within a radius of 100 miles of Washington. To the issuance of this 
temporary authority, applicant filed exceptions, and protests were filed 
by Mrs. Mabel D. Burton, d/b/a Helms Motor Express, Miller Motor Ex- 
press, and The Transport Corporation, of Blackstone, Virginia. 



194 N. C. Utilities Commission 

The case came on for hearing before Examiner M. B. Glover, to whom 
it was referred by order of the Commission. At the time of hearing the 
applicant offered in evidence the original application, together with 
exhibits and forms thereto attached, and moved that protest filed by The 
Transport Corporation, of Blackstone, Virginia, be dismissed, which 
motion is overruled. Applicant also moved to amend application to in- 
clude Section 9 of the Truck Act, which motion is denied. Applicant 
testified that he had been engaged in the trucking business from 1936 
to 1943, at which time he entered the military service where he remained 
until October 29, 1945, returning to resume the operation of his trucking 
business the first of 1946. 

The applicant, by his application and exhibits, shows frequent move- 
ments of general commodities east of U. S. Highway No. 1, in North 
Carolina, and trips from Washington to Greensboro, Siler City, Durham, 
Burlington, Charlotte, Laurinburg, and other points east of U. S. High- 
way No. 29, in North Carolina, for the transportation of chemicals, sirup, 
brick, tile, and grain. Also the applicant shows the transportation of 
leaf tobacco in sheets and baskets from Washington, North Carolina, to 
Goldsboro, North Carolina. The applicant elected to file with his applica- 
tion a report of actual operations for each of the twelve calendar months 
of 1946, as provided by Section 7 (b) of the Truck Act. Said report lists 
approximately 200 shipments in 1946, or an average of 16 to 17 shipments 
a month, consisting of a variety of commodities, from which the Exam- 
iner finds that the applicant was engaged in the transportation of gen- 
eral commodities. Said report and oral testimony of applicant show that 
most of these shipments moved within the territory east of U. S. Highway 
No. 1, and grain, tile, brick, sirup, and chemicals within the territory 
east of U. S. Highway No. 29, also leaf tobacco in sheets and baskets 
from Washington to Goldsboro, thereby justifying applicant's claim to 
irregular route operations for the transportation of general commodities, 
but limited to the territory east of U. S. Highway No. 1, and grain, 
brick, tile, sirup and chemicals limited to the territory east of U. S. High- 
way No. 29. 

Upon consideration of the application, the exhibits thereto attached, 
and the oral testimony, the Examiner finds: 

1. That said application was filed under the provisions of Section 8 
of the North Carolina Truck Act, but the North Carolina Utilities Com- 
mission, under Rule 17 of its Rules and Regulations, elected to classify 
the application under Section 7 (b) of the Truck Act, and the same was 
filed prior to October 1, 1947. 

2. That said applicant was in bona fide operation as an irregular 
route common carrier of property by motor vehicle in intrastate com- 
merce during the year 1946, was so operating on January 1, 1947, and 
has continued to so operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; and that said 



Decisions and Adjustments of Complaints 195 

report shows commodities transported and territory served in the trans- 
portation of the same, as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
an irregular route common carrier of property by motor vehicle in intra- 
state commerce, as particularly set out in Exhibit B hereto attached 
and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, the applicant's attorney, and counsel for protestants, and that 
a formal certificate be issued to the applicant. 

Issued by order of the Commission. 

This 28th day of October, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-27 Woodrow Everett, irregular route common carrier, 
Washington, North Carolina 

EXHIBIT B Transportation of general commodities, except those 

requiring special equipment. 

Leaf tobacco in baskets and sheets from Washington, 
N. C. to Goldsboro, N. C. Irregular routes in the 
territory east of U. S. Highway No. 1, in North 
Carolina. 

Transportation of brick, tile, grain, chemicals and 
sirup over irregular routes in North Carolina east 
of U. S. Highway No. 29. 

DOCKET NO. T-27 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
Motor Carrier application of Woodrow Everett, : 

Washington, North Carolina. : CORRECTION ORDER 

GLOVER, EXAMINER. Reference is made to an order issued in 
Docket No. T-27 dated October 28, 1949, wherein Woodrow Everett was 
authorized to operate as an irregular route common carrier of property 
by motor vehicle in intrastate commerce as particularly set out in Exhibit 
B thereto attached and made a part thereof. Said Exhibit B is hereby 
amended and corrected to read as follows: Transportation of general 
commodities, except leaf tobacco and those requiring special equipment, 
over irregular routes in the territory East of U. S. Hwy. No. 1, in N. C; 
transportation of leaf tobacco in baskets and sheets from Washington, 
N. C. to Goldsboro, N. C. and empty baskets and sheets in the reverse 



196 N. C. Utilities Commission 

direction; Transportation of brick, tile, grain, chemicals and syrup over 
irregular routes in North Carolina East of U. S. Hwy. No. 29. 

IT IS, THEREFORE, ORDERED that said order of October 28, 1949, 
in Docket No. T-27 be and the same is hereby corrected by substituting 
for Exhibit B the following: Transportation of general commodities, ex- 
cept leaf tobacco and those requiring special equipment, over irregular 
routes in the territory East of U. S. Hwy. No. 1, in N. C; transportation 
of leaf tobacco in baskets and sheets from Washington, N. C. to Goldsboro, 
N. C. and empty baskets and sheets in the reverse direction; transporta- 
tion of brick, tile, grain, chemicals and syrup over irregular routes in 
North Carolina East of U. S. Hwy. No. 29. 

Issued by order of the Commission. 

This the 6th day of December, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-706 

APPLICATION OF: Ben Finke, d/b/a Finke Van Service 
Room 1004 Washington Building 
Louisville, Kentucky 

HEARD IN: Raleigh, North Carolina, on February 9, 1950 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

H. C. Kelting, Attorney at Law, Room 102, 301 W. Main, Louisville 
2, Kentucky 

No Protestants. 

HUNTER, COMMISSIONER. This is an application for a certificate 
of public convenience and necessity for authority to transport race horses 
and their stable equipment as an irregular route common carrier, upon 
call, between points and places in North Carolina, said application having 
been made on forms furnished by the Commission and in compliance 
with the Commission's rules and regulations. 

The applicant now holds similar authortiy from the Interstate Com- 
merce Commission, which includes the State of North Carolina and all 
adjoining states. The purpose of the instant application is twofold, one 
being to make the applicant's services available in intrastate commerce 
in North Carolina, and the other purpose being to fully comply with 
any laws or regulations in this State which may affect said applicant's 
interstate operations into or through North Carolina. 

It appears from the testimony that the applicant has special equip- 



Decisions and Adjustments of Complaints 197 

ment for the transportation of race horses, and has personnel trained 
in handling and care of race horses; and, it further appears that there 
is no service of similar character now performed by any common carrier 
authorized to operate in North Carolina. 

There being no protest or opposition to the application, it is not 
deemed necessary to set out the testimony in detail, and it is sufficient 
to say that the evidence disclosed public convenience and necessity for 
the proposed service and further discloses that the applicant is qualified 
to perform said service. 

IT IS, THEREFORE, ORDERED: 

That a certificate be issued to said applicant as particularly set out 
in Exhibit B hereto attached, and that the applicant be authorized to 
begin operations under said certificate after he shall have complied with 
the rules and regulations of the Commission with respect to the filing 
of an approved tariff and insurance covering equipment to be used in 
the operation. 

Issued by order of the Commission. 

This 23rd day of Februray, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-706 Ben Finke, d/b/a Finke Van Service 
Irregular Route Common Carrier 
Louisville, Kentucky 

EXHIBIT B Transportation of race horses and their stable 

equipment, upon call, between points and places 
within the State of North Carolina. 

DOCKET NO. T-60 

ORDER 

APPLICATION OF: Roy F. Shaw and J. Roland Shaw, d/b/a 
Fleming-Shaw Transfer Company 
Greensboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on November 14, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

E. M. Stanley, Attorney at Law, 814 Jefferson Standard Building, 
Greensboro, North Carolina 

For the Protestant: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, North 
Carolina, for Fredrickson Motor Express 



198 N. C. Utilities Commission 

HUNTER, COMMISSIONER. This is a motor carrier application filed 
with the Commission on September 5, 1947, wherein the applicants seek 
authority under the provisions of Section 7 of the North Carolina Truck 
Act to transport general commodities over irregular routes throughout 
the entire State of North Carolina. There are attached to said applica- 
tion certain exhibits giving the information required by said Section 7, 
including a report of shipments transported during the months of Janu- 
ary, April, May, August and October, 1946, as being representative of 
the nature and extent of the operation of said applicants as of January 
1, 1947. It appears from said report of operations that the shipments 
transported, with very few exceptions, either originated or terminated 
in the Greensboro area. The Commission, according to its usual prac- 
tice as authorized by Section 10 of said Act, issued to said applicants 
final temporary authority under date of December 14, 1948, whereby 
said applicants were authorized, pending the hearing on the application, 
to transport general commodities between points and places within 
a radius of sixty miles of Greensboro, and from Greensboro to Charlotte. 
Authority was further given to transport heavy commodities requiring 
special equipment between points and places within one hundred miles 
of Greensboro, and authority was further given in said temporary 
authority to transport household goods from Greensboro to points and 
places within a radius of one hundred and fifty miles of Greensboro. 

Upon the calling of the case for hearing, the applicants offered in 
evidence the application along with the exhibits thereto attached. There- 
upon counsel for applicants and counsel for protestants, Fredrickson 
Motor Express, entered into certain stipulations which were presented 
to the Commission for consideration and approval if consistent with 
the facts shown by the application, said stipulations being as follows: 

1. That protest of Frederickson Motor Express of Charlotte, North 
Carolina, has reference only to "General commodities except those re- 
quiring special equipment" for the territorial description "irregular routes 
between points and places within a 60 mile radius of Greensboro. From 
Greensboro to Charlotte." and has no reference to the other commodity 
descriptions set for hearing by the Commission on November 14, 1949. 

2. That the applicant withdraw application for authority for the 
transportation of "General commodities except those requiring special 
equipment" except for the following territorial description: 

(a) Between points and places within a 30 mile radius of Greens- 
boro, North Carolina. 

(b) From points and places within a 30 mile radius of Greens- 
boro, North Carolina, to points and places within an 80 mile 
radius of Greensboro, North Carolina. 

(c) From points and places v/ithin a radius of 80 miles of Greens- 
boro, North Carolina, to points and places within a 30 mile 
radius of Greensboro, North Carolina, 



Decisions and Adjustments of Complaints 199 

and upon said withdrawal the protestant Fredrickson Motor Expi'ess 
withdraws its protest to the granting of the authority for the commodi- 
ties and for the territory as above described. 

3. This stipulation is entered into as a result of the hearing before 
Commissioner Hunter on November 14, 1949, and when signed by the 
attorneys for the applicants and protestant and filed with the Commis- 
sion shall constitute the agreement referred to in the record of said 
hearing. 

Upon consideration of the report of operations for 1946, as set out in 
said application, and upon consideration of said stipulations, the Hear- 
ing Commissioner is of the opinion that the operations agreed upon as 
stipulated by the parties better represent the nature and scope of the 
operatons of said applicants than does the temporary authority issued 
to said applicants by the Commission, in that said temporary authority 
includes territory not served by the applicants in any substantial way 
during any part of the year 1946. 

There being no controversy between the parties, it is not considered 
necessary to set out the evidence in detail, but upon considration of the 
record the Commission finds: 

1. That said application was filed upon the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicants were in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, were so operating on January 1, 1947, and have continued 
to so operate since that time. 

3. That the operations shown by the report of said applicants, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. ... . 

IT IS, THEREFORE, ORDERED: 

(a) That said applicants be, and are hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate com- 
merce as particularly set out in Exhibit B hereto attached and made 
a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicants, a copy to the counsel for the applicants, and a copy to the 
counsel for the protestant, and a formal certificate be issued to the 
applicants in accordance with said findings and order. 

Issued by order of the Commission. ..■■ 

This 5th day of December, 1949. ' 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



200 



N. C. Utilities Commission 



DOCKET NO. T-60 



EXHIBIT B 



Roy F. Shaw and J. Roland Shaw, d/b/a 
Fleming-Shaw Transfer Company 
Irregular Route Common Carrier 
Greensboro, North Carolina 

1. Transportation of general commodities except 
those requiring special equipment: 

(a) Between points and places within a 30 mile 
radius of Greensboro. 

(b) From points and places within a 30 mile 
radius of Greensboro to points and places 
within a 80 mile radius of Greensboro. 

(c) From points and places within a radius of 

80 miles of Greensboro to points and places 
within a 30 mile radius of Greensboro. 

2. Heavy commodities requiring special equipment 
on account of size or weight between points and 
places within 100 miles of Greensboro. 

3. Household goods as defined by the Interstate 
Commerce Commission in Ex Parte No. MC-19, 
between points and places within a radius of 
150 miles of Greensboro. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-98 

ORDER 

Coy Flippin 
P. O. Box 32 
Pilot Mountain, North Carolina 

Raleigh, North Carolina, on November 3, 1949. 

John Hill Paylor, Examiner 



For the Applicant: 

Mr. William M. York, Attorney at Law, Box 127, Greensboro, N. C. 

For the Protestants: 

Mr. J. Ruffin Bailey, Attorney at Law; Bailey and Holding, At- 
torneys at Law, Raleigh, N. C, for Fredrickson Motor Express, 
Helms Motor Express and Miller Motor Express. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor under the 1949 Procedure Act. 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 10:00 o'clock a. m. 



Decisions and Adjustments of Complaints 201 

on November 3, 1949. Applicant seeks a certificate under Section 7 of 
the 1947 Truck Act to transport general commodities, except those 
requiring special equipment over irregular routes between all points 
and places within a 150 mile radius of Pilot Mountain, North Carolina; 
fertilizer in bags from Wilmington, N. C. to Pilot Mountain, N. C; ma- 
chinery, N. O. I. from Greensboro, N. C. to Wilmington, N. C. 

Applicant testified that the application and exhibits attached thereto 
were prepared under his instructions and from records made of the 1946 
operations. Application, exhibits attached thereto and revised Temporary 
Authority N. C. No. C-15 were offered in evidence supporting Grandfather 
application. Applicant was cross examined by protestants. Protestants 
offered no evidence. Applicant and protestants waived the filing of 
proposed findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate com- 
merce as particularly set out in Exhibit B hereto attached and made a 
part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accord- 
ance with said findings and order. 

Issued by order of the Commission. 

This 15th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-98 Coy Flippin 
P. O. Box 32 
Pilot Mountain, North Carolina 



202 
EXHIBIT B 



N. C. Utilities Commission 

CJeneral commodities, except those requiring spe- 
cial equipment over irregular routes between all 
points and places within a 150 mile radius of Pilot 
Mountain, N. C, fertilizer in bags from Wilming- 
ton, N. C. to Pilot Mountain, N. C; machinery, 
N. O. I. from Greensboro, N. C. to Wilmington, 
N. C. 



DOCKET NO. T-247 



FINAL ORDER 



APPLICATION OF; 

HEARD IN: 
BEFORE: 

APPEARANCES: 



Vance T. Forbes and B. J. Forbes, d/b/a 
Forbes Transfer Company 
Wilson, North Carolina 

Raleigh, North Carolina, on May 20, 1949 

Fred C. Hunter, R. G. Johnson, Joshua S. James, 
and Edward H. McMahan, Commissioners 



For the Applicant: 

William T. Hatch, Attorney at Law, Raleigh, North Carolina 

For the Protestants: 

Vaughan S. Winborne, Attorney at Law, Raleigh, North Carolina, 
for Reliable Transport, Inc., Southern Oil Transportation Company, 
Terminal City Oil Company, Star Oil Company, Eastern Oil Trans- 
port, and Hinson Transport Company 

The applicants in due time filed exceptions to the temporary authority 
issued in this cause and demanded a hearing before the Commission upon 
the contention that the temporary authority and the certificate to be 
issued should include the right to transport general commodities through- 
out the area of the State on and east of U. S. Highway 21, and further 
contended that said temporary authority and certificate should include 
the right to transport petroleum products in bulk from existing originat- 
ing terminals to points and places in the county of Wilson; and insisted 
at the said hearing that the report of operations filed with the Commis- 
sion, as required by Section 7 of the Truck Act, well supported said 
contentions. 

The protestants above named, through their attorney Mr. Vaughan 
S. Winborne, withdrew the protest for and behalf of the said protestants. 

The Commission finds from an analysis of the operations of said 
applicants, as shown by the application which was introduced in evi- 
dence, that the applicants were engaged in 1946, on January 1, 1947, 
and subsequent to that time in transporting a wide variety of commodi- 
ties to and from points and places in North Carolina on and east of 
U. S. Highway 52, but do not operate to or from points and places west 



Decisions and Adjustments of Complaints 203 

of said highway except on what appears to have been isolated instances; 
and the Commission is of the opinion and finds that the applicants are 
entitled, upon the evidence, to a certificate authorizing the transporta- 
tion of petroleum products in bulk and the transportation of general 
commodities as specifically set out in Exhibit B hereto attached. 

Upon consideration of the application, the exhibits thereto attached, 
the exceptions filed to the temporary authority, and the oral testimony 
offered at the hearing, the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicants were in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, were so operating on January 1, 1947, and have continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicants, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: .riM ,- ■ ': ^-:;- 

(a) That said applicants be, and are hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate com- 
merce as particularly set out in Exhibit B hereto attached and made 
a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicants, and a copy thereof to the applcants' attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicants in accordance with the findings 
and order herein. 

Issued by order of the Commission. 

This the 27th day of May, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-247 Vance T. Forbes and B. J. Forbes, 
d/b/a Forbes Transfer Company, 
irregular route common carrier, 
Wilson, North Carolina 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment, over irregular 
routes to and from points and places in the area 
of the State on and east of U. S. Highway 52. 



204 N. C. Utilities Commission 



Petroleum products in bulk over irregular routes 
from originating terminals at or near Wilmington, 
Morehead City, River Terminal, Thrift, Friend- 
ship, and Salisbury to points and places in Wil- 
son County. 



DOCKET NO. T-248 

ORDER 

APPLICATION OF; Fountain Oil Company, Incorpated 
Castle Hayne Road 
Wilmington, N. C. 

HEARD IN: Wilmington, N. C, on April 13, 1950. 

BEFORE: John Hill Pay lor. Examiner 

APPEARANCES: 

For the Applicant: 

Applicant represented by Mr. A. D. Fountain, Secretary-Treasurer. 

For the Protestants: 

Mr. J. A. Myatt, Attorney at Law, High Point, N. C, for Associated 
Petroleum Carriers. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: Applicant filed application under Section 7 of the 1947 
Truck Act, which said application was calendared for hearing at 10:30 
a.m., on April 12, 1950, at the New Hanover County Courthouse, 
Wilmington, N. C. Said hearing was continued until April 13, 1950, at 
10:30 a.m. Applicant seeks a certificate under Section 7 of the 1947 
Truck Act to transport petroleum and petroleum products in bulk in 
tank trucks over irregular routes from Wilmington and points and places 
within five miles thereof and from Thrift, Salisbury, River Terminal, 
Morehead City, and Friendship to points and places within the following 
counties: New Hanover, Columbus, Richmond, Robeson, Lenoir, Durham, 
Nash, Moore, Onslow, Buncombe, Bladen, Craven, Wayne and Edge- 
combe. 

Mr. A. D. Fountain, Secretary-Treasurer of Fountain Oil Company, 
Incorporated, testified that the application and exhibits attached thereto 
were prepared under his instructions and from records made of the 1946 
operations. Application and exhibits thereto attached, temporary author- 
ity issued June 5, 1948, and exhibits thereto attached, exceptions filed 
July 15, 1948, with exhibits thereto attached and revised temporary 
authority dated December 3, 1948, with exhibit thereto attached were 
offered in evidence supporting the grandfather application. Mr. A. D. 
Fountain testified that Fountain Oil Company, Inc., was operating a 
trucking business in 1946 and that the operation was being performed on 



Decisions and Adjustments of Complaints 205 

January 1, 1947, and continuously since that date. Applicant requested 
the elimination of Buncombe and Durham Counties from said operating 
rights granted under the revised temporary authority. Protestants 
offered no evidence. Applicant and protestant v^^aived the filing of 
proposed findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application wfas filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, and was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shown commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. 

Issued by order of the Commission. 
This 9th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-248 Fountain Oil Company, Incorporated 
Castle Hayne Road, Wilmington, N. C. 

EXHIBIT B Transportation of petroleum and petroleum prod- 

ucts in bulk in tank trucks over irregular routes 
from Wilmington, N. C, and points and places 
within five miles thereof and from Thrift, Salis- 
bury, River Terminal, Morehead City and Friend- 
ship, N. C, to points and places within the 
following counties: New Hanover, Columbus, Rich- 
mond, Robeson, Lenoir, Nash, Moore, Onslow, 
Bladen, Craven, Wayne, Edgecombe, Durham, 
Buncombe. 

Limitation: Truck loads only. 



206 N. C. Utilities Commission 

DOCKET NO. T-165 

FINAL ORDER 

APPLICATION OF: R. D. Fowler Motor Lines, Inc. 
310 West Russell Street 
High Point, North Carolina 

HEARD IN; Raleigh, North Carolina, December 9, 1948 

BEFORE: Commissioners Fred C. Hunter and R. G. Johnson 

APPEARANCES: 

For the Applicant: 

J. Allen Austin, Attorney at Law, High Point, North Carolina 

For the Protestants: 

I. M. Bailey, Bailey & Holding, Raleigh, North Carolina for 
W. W. Miller, Jr., d/b/a Miller Motor Express, Fredrickson Motor 
Express; and Mrs. Mabel D. Burton, d/b/a Helms Motor Express 

Upon the call of this case for hearing, the applicant moved to dismiss 
the protest of Thurston Motor Lines, Inc., for that, said protest was not 
filed within the time prescribed by the Commison's rules, which motion 
was allowed. 

The applicant further moved that the joint protest of W. W. Miller, Jr., 
d/b/a Miller Motor Express; Fredrickson Motor Express; and Mrs. 
Mabel D. Burton, d/b/a Helms Motor Express be dismissed, for that, 
said protest was not filed within the time prescribed by the Commission's 
rules, and, for that, said protest was not verified as required by the 
Commission's rules and as required by statute for verification. Said 
motion was overruled, and the applicant excepted. The three protestants 
above-named moved that the application be dismissed, for that, the 
verification thereto was defective and illegal; motion overruled, and the 
protestants excepted. 

Thereupon, the applicant offered its application in evidence and 
rested. The protestants offeed no testimony, but moved that the applica- 
tion be dismissed. Motion was overruled, and protestants excepted. 

Upon consideration of the application together with the exhibits 
attached thereto and made a part thereof, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 



Decisions and Adjustments of Complaints 207 

continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit A and B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibits A and B hereto attached and made a part 
hereof and that a formal certificate be issued to said applicant. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause. 

Issued by order of the Commission. 

This 18th day of January, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 

Attest: 

Elsie G. Riddick, Chief Clerk 

DOCKET NO. T-165 R. D. Fowler Motor Lines, Inc., regular and 
irregular route common carrier, 310 West Russell 
Street. High Point, North Carolina. 

EXHIBIT A — Scope of Operations — General commodities, except 

those requiring special equipment. 

REGULAR ROUTES: 

Route No. 1. 

From High Point to Marion over U. S. Hy. 29 and 29A to Charlotte, 

thence over U. S. Hy. 74 to Rutherfordton, thence over U. S. Hy. 221 

to Marion, thence over U. S. Hy. 64 to Lexington. 

From Gastonia over U. S. Hy. 311 to Lincolnton, thence over 

N. C. Hy. 150 to Shelby. 

From Morganton over N. C. Hy. 18 to Lenoir, thence over U. S. 

Hy. 321 to Hickory. 

From Conover to Newton over U. S. Hy. 321, thence over N. C. 

Hy. 10 via Catawba to the intersection of said highway with 

U. S. Hy. 64. 

From Statesville over U. S. Hy. 70 to Salisbury. 

Route No. 2. 

From High Point to Mebane over U. S. Hy. 70. 

From High Point to Winston-Salem over U. S. Hy. 311, thence to 

Kernersville over N. C. Hy. 150. 

Return over the aforesaid routes serving all intermediate points. 



208 N. C. Utilities Commission 

EXHIBIT B — Scope of Operations — Furniture only. 

Irregular Routes: 

From High Point to points and places in North Carolina on and 
east of the line drawn from the North Carolina - Virginia State 
Line via U. S. Hy. 501 to Durham, thence via U. S. Hy. 15 to 
Sanford, thence via U. S. Hy. 1 to the South Carolina State Line 
EXCEPTION: Irregular route operations are not authorized which 
would duplicate regular route operations. 



DOCKET NO. T- 16 

ORDER 

APPLICATION OF: Julius M. Fox, d/b/a Fox Transfer Company 
Gastonia, North Carolina 

HEARD IN: Raleigh, North Carolina, October 21, 1949 

BEFORE: Edward H. McMahan, Commissioner 

APPEARANCE: 

For the Applicant: 

Basil L. Whitener, Attorney at Law, Box 1, Gastonia, N. C. 

For the Protestants: 

Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a Helms 
Motor Express and Transport Corporation by I. M. Bailey for the 
law firm of Bailey & Holding, Raleigh, N. C. 

McMAHAN, COMMISSIONER: An application was filed by the 
above styled applicant doing business as Fox Transfer Company under 
Section 7 of the 1947 Truck Act of the State of North Carolina on July 
26, 1947, wherein and whereby the applicant seeks authority to transport 
property by motor vehicle, for compensation, as a common carrier en- 
gaged in intrastate operations, over irregular routes, within a radius 
of 268 miles of Gastonia, North Carolina. Attached to the application 
as exhibits were a financial statement of the applicant showing a net 
worth of $56,848.46; a list of the equipment belonging to the applicant, 
and a report of operations for the month of June, 1946, along with certain 
other listing of operations during the year 1946, chosen by the applicant 
as being representative of the nature and extent of the applicant's busi- 
ness. 

Based upon the application as filed, the Commission, under an order 
dated September 29, 1948, granted to the applicant a certificate of tempo- 
rary authority, authorizing the applicant to engage in the transportation 
of property, as a common carrier in intrastate commerce, transporting 
general commodities, except those requiring special equipment, between 
points and places within the counties of Halifax, Rockingham, Guilford, 
Alamance, Scotland, Davidson, Stanly, Rowan, Cabarrus, Iredell, Meck- 
lenburg, Alexander, Catawba, Lincoln, Gaston, Caldwell, Cleveland and 
Rutherford. 



Decisions and Adjustments of Complaints 209 

Thereafter the apphcant filed exceptions to the temporary authority 
granted, contending that the applicant was entitled to operate within 
a territory of wider scope than that designated in the temporary author- 
ity, said exceptions being filed within apt time; the Commission, upon 
considering said exceptions, revised the temporary authority granted to 
the applicant and gave it temporary authority to transport general 
commodities, except those requiring special equipment, between points 
and places within the identical counties as listed under the original 
temporary authority, but in addition thereto granted to the applicant 
authority to transport yarn, over irregular routes, from Gastonia, North 
Carolina to Winston-Salem, Valdese, and Mount Airy, in said state; and 
waste bagging, over irregular routes, from Gastonia to Henderson, North 
Carolina. 

Protests were filed to said application in apt time by the protestants 
listed above, and all of whom were represented by counsel upon the 
calling of this cause for hearing; however, the protestants and each of 
them announced, upon the calling of the application for hearing, that 
they wished to withdraw protests filed, and referred to letter written 
October 19, 1949, from I. M. Bailey, of the law firm of Bailey & Holding, 
stating that as counsel for Fredrickson Motor Express and Helms Motor 
Express, protests were duly withdrawn. It was stated by Mr. Bailey, 
in the hearing, that he represented the protestant. Transport Corpora- 
tion, and that protest was likewise withdrawn for said Transport Corpora- 
tion in view of the fact that the applicant did not seek any authority 
to transport unmanufactured tobacco and accessories. 

The applicant duly identified the application, and all exhibits there- 
to attached, and the exceptions and exhibits attached to said exceptions, 
and offered into evidence said application, together with all its exhibits, 
the temporary authority issued by the Commission, the exceptions filed 
by the applicant to said temporary authority, together with exhibits at- 
tached thereto, and the revised temporary authority, all of which were 
duly received into evidence. 

The applicant has carried the burden of proving its case, certainly 
to the extent of showing that it is entitled to all the authority granted 
by the temporary authority issued to the applicant on September 29, 1948. 
The applicant has shown that it was engaged in the transportation of 
general commodities, except those requiring special equipment, on Janu- 
ary 1, 1947, and that it had been in business, prior thereto, engaging in 
the transportation of general commodities, between points and places 
within the general territory described and specified in said temporary 
authority. An exhibit attached to the applicant's original application 
gives a report of the nature and extent of the applicant's business, taken 
from the year 1946, and being representative of the nature and extent 
and frequency of the applicant's operations within said territory. 

When the temporary authority was granted to the applicant by order 
dated September 29, 1948, due consideration had been given to the 
nature and extent of the applicant's operations as of January 1, 1947 



210 N. C. Utilities Commission 

in accordance to the report of operations made by the applicant, and 
represented as being representative of the nature and extent and fre- 
quency of the applicant's business. The Commission was liberal with 
the applicant, and granted to it all the authority reasonably shown that 
it was entitled to. The applicant being dissatisfied with the authority 
granted to it filed exceptions, which attempted to show to the Commis- 
sion that it was entitled to additional operational rights, particularly to 
transport yarn from Gastonia to Winston-Salem, Valdese and Mount 
Airy, North Carolina, and waste bagging from Gastonia to Henderson, 
North Carolina. It is noted from the exhibits attached to said exceptions 
that the applicant handled three shipments of yarn from Gastonia to 
Winston-Salem in the year 1946. These three shipments weighed a total 
of 30,590 pounds and for this service the applicant received $143.79 in 
revenue. There was shown one shipment between Valdese and Gastonia, 
of yarn, totaling 3,135 pounds, for which the applicant received $8.78 in 
revenue; and two shipments of yarn between Gastonia and Mount Airy 
totaling 20,558 pounds, for which the applicant received in revenue the 
amount of $91.64. The applicant further showed two shipments of waste 
bagging between Gastonia and Henderson, North Carolina, totaling 
49,996 pounds, and for which it received in revenue $177.56. 

Isolated incidents of operations between two points, occurring only 
once, twice or three times during a given period of twelve months, 
cannot be construed by this Commission as being of sufficient frequency 
upon which to base a right of franchise, even under the grandfather 
clause of the 1947 Truck Act. There must appear from the record some 
showing, which tends to establish a public need for the service rendered, 
and a reasonable regular operation on the part of the carrier applying, 
showing frequent call for said service and response to the same. If the 
Commission is going to accept some two or three isolated incidents during 
a given period of twelve months as a basis upon which to grant these 
rights, and if this be extended to all those operating "for hire" trucks 
throughout the state of North Carolina, then we will literally fill our 
highways with motor trucks, and make the business so highly competi- 
tive that the profits to be derived by those furnishing the service to the 
public will not be sufficient inducement to keep them in operation. It 
seems that the original temporary authority granted to the applicant is 
ample under the showing made; and it is observed that if the applicant 
will diligently devote itself to serving customers that it can procure 
within the area awarded it, that there will be ample business to justify 
its services, and expand the same. The revised temporary authority 
should never have been issued. 

It is, therefore, found as a fact that the applicant in this instance 
was engaged as a bona fide carrier of property by motor vehicle on 
January 1, 1947, and has so operated since that time, and that its opera- 
tion was of such continuous and frequent nature between the points 
and places hereinafter designated as to entitle said applicant to a 
permanent certificate of franchise to continue; that the applicant is able 
to provide the service of a common carrier of general commodities within 
the territory hereinafter described; but it is further found as a fact that 



Decisions and Adjustments of Complaints 211 

the operation of the applicant in the transportation of yarn, over irregu- 
lar routes between Gastonia on the one hand and Winston-Salem and 
Mount Airy and Valdese on the other, and waste bagging from Gastonia 
to Henderson, was not of sufficient frequency during the year 1946 to 
entitle the applicant to these rights on a permanent basis. 
IT IS, THEREFORE, ORDERED: 

That the application of the applicant be granted to the extent that it 
be given a certificate of franchise to operate as a common carrier of 
property, by motor vehicle, in intrastate commerce, for the transporta- 
tion of general commodities, except those requiring special equipment, 
over irregular routes between points and places within the following 
counties of the state of North Carolina: Halifax, Rockingham, Guilford, 
Alamance, Scotland, Davidson, Stanly, Rowan, Cabarrus, Iredell, Meck- 
lenburg, Alexander, Catawba, Lincoln, Gaston, Caldwell, Cleveland 
and Rutherford. 

It is further ordered that a copy of this order be forwarded to the 
applicant, his attorney of record, and the attorney appearing for the 
protestants. 

Issued by order of the Commission. 

This 8th day of December, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-166 

ORDER 

APPLICATION OF: R. B. Fraley, d/b/a Fraley's Motor Express 
Greensboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on June 17, 1949 

BEFORE: Chairman Stanley Winborne, and Commissioners 

R. G. Johnson and Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Box 127, Greensboro, North 
Carolina 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
North Carolina, for Fredrickson Motor Express, Miller Motor 
Express, and Mrs. Mabel D. Burton, d/b/a Helms Motor Express 

HUNTER, COMMISSIONER. The above herein seeks authority under 
Section 7 of the North Carolina Truck Act to transport general 
commodities as a common carrier over both regular and irregular routes. 



212 N. C. Utilities Commission 

The application was filed with the Commission on September 24, 1947, 
which application contained, among other things, a statement of the 
applicant's assets and liabilities, showing a net worth of approximately 
$19,000.00, equipment consisting of four straight trucks, and a report 
of operations duing the month of December, 1946. Pursuant to the 
provisions of Section 10 of said Act, the Commission issued to said 
applicant temporary authority on May 15, 1948, to which exceptions were 
filed by the applicant; and upon consideration of said exceptions, the 
Commission revised and reissued said temporary authority on August 31. 
1948, all of which is in compliance with the Commission's rules and 
regulations, as particularly set out in the Commission's General Order 
in Docket No. 4066-B. Said exceptions related only to the irregular route 
temporary authority, and the authority revised and reissued related only 
to the irregular route authority. 

The applicant offered in evidence said application, along with the 
exhibits thereto attached, and also offered in evidence the temporary 
authority issued on May 15, 1948, the exceptions thereto which were 
received by the Commission on August 14, 1948, and the temporary 
authority as revised under date of August 31, 1948. The applicant 
testified in support of his application and to the general effect that 
he is the successor in interest of the P. L. Somers Trucking Company, 
having purchased the operations of said company on August 1, 1946, 
and that he has operated in the transportation of general commodities 
as a common carrier continuously since that time, that his operations 
have been performed over the irregular routes described in the applica- 
tion and set out in his temporary authority, and that he and his 
predecessor in interest performed irregular route operations substantially 
as set out in the revised temporary authority issued under the date of 
August 31, 1948. 

A careful analysis of the applicant's report of operations for the month 
of December, 1946, shows that during said month he transported 250 
shipments, which originated and terminated at points on the requested 
regular routes described in Exhibit A hereto attached, and also originated 
13 shipments at Greensboro, in December, 1946, which were delivered at 
points in the area embraced in the requested irregular route territory. 
During the year 1946, the applicant and its predecessor in interest 
originated approximately 100 shipments at Greensboro, which were 
delivered at points in Alamance, Rockingham, Surry, Davidson, Rowan 
and Mecklenburg Counties. The commodities transported are of such 
variety as to be classed as general commodities. 

The protestants offered no testimony, but objected to that part of the 
testimony offered in evidence which related to the exceptions filed by 
the applicant to the temporary authority and to the temporary authority 
as revised and reissued, which objections were overruled and exceptions 
noted. 

Upon consideration of all the testimony, the Commisson finds: 



Decisions and Adjustments of Complaints 



213 



1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibits A and B 
hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibits A and B hereto attached and made a 
part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a copy to the 
attorney for the protestaAts in this cause, and a formal certificate be 
issued to the applicant in accordance with said findings and order. 

Issued by order of the Commission. 

This 28th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-166 R. B. Fraley, d/b/a Fraley's Motor Express, regu- 
lar route and irregular route common carrier, 
Greensboro, North Carolina 



EXHIBIT A 



General commodities, except those requiring spe- 
cial equipment, over the following regular routes: 
Route 1. From Greensboro to Winston-Salem, 
viz; From Greensboro to Kernersville 
over U. S. Highway 421; thence over N. 
C. Highway 150 to Winston-Salem and 
return serving all intermediate points. 
Optional return to Greensboro, viz; 
High Point from Winston-Salem over 
U. S. Highway 311 and return to 
Greensboro over U. S. Highways 29 and 
70. 

Route 2. From Greensboro to High Point, viz; 
From Greensboro over U. S. Hy. 29 and 



214 N. C. Utilities Commission 

.' . 70 to High Point, and return serving 

: : all intermediate points. 

Optional return to Greensboro, viz; 
Winston-Salem from High Point over 
U. S. Highway 311 and return to 
Greensboro from Winston-Salem over 
' ' ■ N. C. Highway 150 from Winston-Salem 

to Kernersville; thence from Kerners- 
ville to Greensboro over U. S. Highway 
421. 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment, over irergular 
routes from Greensboro to points and places in 
Alamance, Rockingham, Surry, Davidson, Rowan, 
and Mecklenburg Counties. 



DOCKET NO. T- 119 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
The Application of F. S. Winslow, d/b/a : 
Fred's Truck Line, Winfall, North Carolina. : ORDER 

HEARD IN: Raleigh, North Carolina, on June 13, 1950. 
BEFORE: Fred C. Hunter, Commissioner. 

APPEARANCES: 

For the Applicant: 

C. R. Holmes, Attorney at Law, Hertford, North Carolina. 

For the Protestants : 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, North 
Carolina, for Fredrickson Motor Express, Mrs. Mabel D. Burton, 
d/b/a Helms Motor Express and Miller Motor Express. 

HUNTER, COMMISSIONER. The protestants, upon the call of this 
case for hearing, agreed to withdraw their protest upon condition that 
the applicant limit his operations to the revised temporary authority 
issued by the Commission in this cause on October 18, 1949, which tem- 
porary authority limits the operations of said applicant to the transpor- 
tation of general commxodities, except those requiring special equipment, 
over irregular routes between all points and places in, east and north of, 
the counties of Halifax, Nash, Edgecombe, Pitt, Beaufort and Hyde. The 
applicant agreed to so limit his operations, and his testimony was to the 
effect that said temporary authority fairly represented the nature and 
scope of his operations in 1946, and subsequent to that time. 

Upon consideration of said application and the oral testimony of the 
applicant, the Hearing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 



Decisions and Adjustments of Complaints 215 

of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a copy to the 
attorney for the protestants in this cause, and a formal certificate be 
issued to the applicant in accordance with said findings and order. 

Issued by order of the Commission. 

This 23rd day of June, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-119 F. S. Winslow, d/b/a 
Fred's Truck Line, 
Irregular route common carrier, 
Winfall, North Carolina 

EXHIBIT B The transportation of general commodities, except 

those requiring special equipment, over irregular 
routes between all points and places in, east and 
north of, the counties of Halifax, Nash, Edge- 
combe, Pitt, Beaufort and Hyde. 



DOCKET NO. T-492 
ORDER 

APPLICATION OF: George V. Freeman 
Second Street 
Washington, N. C. 

HEARD IN: Wilson, N. C, on March 24, 1950. 

BEFORE: John Hill Pay lor, Examiner 



216 N. C. Utilities Commission 

APPEARANCES: 

For the Applicant: 

No Attorney. Applicant appeared in person. 

For the Protestants: 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc. and 
Forbes Transfer Company. 

The above case which was regularly calendared for hearing was re- 
ferred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: Apphcant filed application under Section 7 of the 1947 
Truck Act, which said application was calendared for hearing at 11:30 
a. m. on March 22, 1950, at the Martin County Courthouse, Williamston, 
N. C. Said hearing was continued to March 24, 1950, at 10:30 a. m. to be 
heard in the Wilson County Courthouse, Wilson, N. C. Applicant seeks 
a certificate under Section 7 of the 1947 Truck Act to transport general 
commodities except those requiring special equipment over irregular 
routes between all points and places within a radius of 100 miles of 
Washington, N. C. 

Applicant testified that the application and exhibits attached thereto 
were prepared under his instructions and from records made of the 1946 
operations. Application, exhibits attached thereto and temporary operat- 
ing authority dated October 11, 1948, with exhibit attached thereto were 
offered in evidence supporting the grandfather application. Applicant 
was cross-examined by the protestants. Protestants offered no evidence. 
Applicant and protestants waived the filing of proposed findings of fact 
and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transpor- 
tation of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 



Decisions and Adjustments of Complaints 217 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accord- 
ance with said findings and order. 

Issued by order of the Commission. 

This 18th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-492 George V. Freeman 
Second Street 
Washington, N. C. 

EXHIBIT B General commodities except those requiring spe- 

cial equipment over irregular routes between all 
points and places within a radius of 100 miles of 
Washington, N. C. 

DOCKET NO. T-492 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
George V. Freeman, Second Street, : 
Washington, N. C. 

CORRECTION ORDER 

Reference is made to order dated April 18, 1950, issued in Docket 
No. T-492 wherein the Examiner approved certain operating rights to 
applicant. Said rights did not eliminate the transportation of hogshead 
tobacco requiring special equipment and the same should be corrected 
to read "general commodities, except hogshead tobacco and except those 
requiring special equipment over irregular routes between all points and 
places within a radius of 100 miles of Washington, N. C." 

IT IS, THEREFORE, ORDERED that said order of April 18, 1950, in 
Docket No. T-492 be and the same is hereby corrected to read "general 
commodities, except hogshead tobacco and except those requiring spe- 
cial equipment over irregular routes between all points and places with- 
in a radius of 100 miles of Washington, N. C." 

Issued by order of the Commission. 

The the 12th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



218 N. C. Utilities Commission 

DOCKET NO. T-659 

FINAL ORDER 

APPLICATION OF: Frigid-Way Transportation Company, Inc. 
1700 South Boulevard 
Charlotte, North Carolina 

HEARD IN: Raleigh, North Carolina, on March 21, 1949 

BEFORE: Fred C. Hunter and R. G. Johnson, Commissioners 

APPEARANCES: 

For the Applicant: 

William T. Hatch, Attorney, Raleigh, North Carolina 

No Protestants 

The applicant herein seeks authority under the provisions of Section 11 
of the North Carolina Truck Act to operate throughout the State of 
North Carolina as a contract carrier in the transportation of liquid 
refrigerated products in bulk and solid refrigerated products, as defined 
in Groups 4 and 5 of Rule 10 of the Commission's Rules and 
Regulations. The applicant now so operates in interstate commerce under 
authority of the Interstate Commerce Commission; and its application 
to operate intrastate was well supported by a dealer in such products, 
who testified that his company needed the service proposed and would 
use the same if made available. 

Upon consideration of all the testimony adduced at the hearing, the 
Commission finds that the proposed operations will comply with the 
requirements of said Act to the extent authorized in Exhibit A, hereto 
attached and made a part hereof, and the Commission further finds that 
the applicant is qualified to perform the service to the extent set out 
in said Exhibit. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be, and is hereby, granted authority to operate 
as a contract carrier in intrastate commerce in the transportation of the 
commodities described within the territory described, as particularly 
set out in said Exhibit A. 

2. That this order shall constitute a permit to so operate until a 
formal permit shall have been prepared and issued by the Commission; 
provided, the applicant complies with the following conditions: 

(a) That the applicant shall file with the Commission a full and 
complete description of all motor vehicles to be used in the operation 
and shall provide insurance in the amount and form required by the 
Commission covering such equipment. 

(b) That the for-hire operations herein authorized shall be pre- 
scribed by and limited to individual contracts with each shipper served, 



Decisions and Adjustments of Complaints 



219 



true copies of which shall be filed with and approved by the Commission 
before operations thereunder shall commence. 

(c) That the applicarvt shall comply with the provisions of said 
Act applicable to contract carriers and with the rules and regulations 
of the Commission applicable to such carriers, including the publication 
and filing of minimum rates and charges, as required by Section 26 of 
said Act. 

Issued by order of the Commission. 

This 21st day of March, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 

Attest: 

Elsie G. Riddick, Chief Clerk 



DOCKET NO. T-659 



EXHIBIT A 



Frigid-V/ay Transportation Co., Inc. 
Contract Carrier, Charlotte, North Carolina 

Transportation of liquid refrigerated products in 
bulk and solid refrigerated products, under 
individual bilateral contracts to and from points 
throughout the State. 



APPLICATION OF: 



HEARD IN: 
BEFORE: 

APPEARANCES: 



DOCKET NO. T- 167 
FINAL ORDER 

W. T. Garrett, d/b/a 
Garrett Transfer Company 
309 North Patterson Avenue 
Winston-Salem, North Carolina 

Raleigh, North Carolina, on May 5, 1949. 

Fred C. Hunter, Joshua S. James, and Edward H. 
McMahan, Commissioners 



For the Protestants 

I. M. Bailey, Attorney at Law, Raleigh, North Carolina 

Upon the call of this application for hearing, the applicant offered in 
evidence the application, along with the exhibit thereto attached and 
made a part thereof, and also offered in evidence the temporary authority 
issued to said applicant by the Commission. The applicant offered oral 
testimony from which it appears that he has been the motor carrier of 
freight transportation business continuously for the past twenty-three 
(23) years, serving all sections of the State as occasions for his trans- 



220 N. C. Utilities Commission 

portation services presented themselves but mostly in operations to and 
from Winston-Salem. 

Protestants offered no testimony but moved that the application be 
dismissed, which motion was overruled and protestants excepted. 

The right to file proposed findings of fact and briefs was waived to 
all parties to this proceeding. 

Upon consideration of the application and the testimony offered by 
the applicant in support of said application, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to counselor as appears of record for protestants, Fredrick- 
son Motor Express Corporation, Helms Motor Express and Miller Motor 
Express; and that a certificate be issued to said applicant in accordance 
with the findings and order herein. 

Issued by order of the Commission. 

This 12th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 

Attest: 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-167 W. T. Garrett, d/b/a Garrett Transfer Company, 
irregular route common carrier, Winston-Salem, 
North Carolina 



Decisions and Adjustments of Complaints 



221 



EXHIBIT B 



General commodities except those requiring spe- 
cial equipment. 

Irregular Routes 

1. To and from all points and places in Forsyth 
County. 

2. From points and places in Forsyth County to 
points and places in the counties of: Buncombe, 
Rutherford, Cleveland, Wilkes, Iredell, Meck- 
lenburg, Surry, Rockingham, Franklin, Guil- 
ford, Rowan, Davidson, Randolph, Union, 
Vance, Granville, Durham, Lee, Moore, Rich- 
mond, Hoke, Cumberland, Robeson, Halifax, 
Pitt, Beaufort, Lenoir, Craven, New Hanover 
and Pasquotank. 

3. From points and places in the aforesaid coun- 
ties to points and places in Forsyth County. 



APPLICATION OF: 



HEARD IN: 
BEFORE: 



DOCKET NO. T- 168 
ORDER 

J. L. Gaskey, d/b/a 
Gaskey Transfer Company 
116 South Clay Street 
Salisbury, North Carolina 

Raleigh, North Carolina, on May 5, 1949. 

Fred C. Hunter and Edward H. McMahan, 
Commissioners 



APPEARANCES: 

For the Applicant 

George R. Uzzell, Attorney at Law, Salisbury, N. C. 

For the Protestants 

J. Ruff in Bailey, Attorney at Law, Raleigh, N. C. 

Upon the call for the application herein for hearing, the applicant 
offered the application, together with the exhibits thereto attached and 
made a part thereof, and also offered in evidence the temporary 
authority issued by the Commission to said applicant. 

Protestants offered no testimony but moved that the application be 
dismissed, which motion was overruled and protestants excepted. 

The filing of proposed findings of fact and briefs was waived by all 
parties to this proceeding. 

Upon consideration of the above application, the Commission finds: 



222 N. C. Utilities Commission 

(1) That said application was filed under the provision of Section 7 
of the North Carolina Truck Act, within the time required by said 
section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report, that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and i;5 hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to counselor as appears of record for protestants, 
Fredrickson Motor Express Corporation, Helms Motor Express and 
Miller Motor Express; and that a certificate be issued to said applicant in 
accordance with the findings and order herein. 

Issued by order of the Commission. 

This 13th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter^ ComTnissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edw^ard H. McMahan, Commissioner 
Attest: 

Myrtha Fleminng, Chief Clerk 

DOCKET NO. T-168 J. L. Gaskey, d/b/a Gaskey Transfer Company, 
irregular route common carrier, Salisbury, N. C. 

EXHIBIT B Building materials over irregular routes from 

Charlotte to points and places in the following 
counties: Buncombe, Surry, Rutherford, Cleve- 
land, Iredell, Gaston, Davie, Forsyth, Rowan, 
Mecklenburg, Union, Cabarrus, Guilford, Ran- 
dolph, Alamance, Anson, Durham, Granville, 
Vance, Richmond, Wake, Scotland, Cumberland, 
Wayne and Robeson. 

Cotton softener (chemicals) over irregular routes 
from Charlotte and Salisbury to points and places 



Decisions and Adjustments of Complaints 223 

in the counties of: Buncombe, Forsyth, Rowan, 
Gaston, Cabarrus, Mecklenburg and Alamance. 

DOCKET NO. T-703 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

Application of Samuel M. Gilbert and Paul F. ) 

Martin, d/b/a Gilbert and Martin Transfer ) ORDER 

Company of Winston-Salem, North Carolina. ) 

APPEARANCES: 

For the Applicant: 

Mr. William M. York, Attorney at Law, Greensboro, N. C. 

JOHNSON, COMMISSIONER. The above-named carrier made appli- 
cation to the Commission on the 19th day of September, 1949, for a per- 
mit to operate as a contract carrier to and from points set out in Exhibit 
B attached hereto and made a part hereof. Due notice of said application 
was given to other carriers as required by law, which said notice fixed 
the time and place of hearing and the time within which protest, if any, 
should be filed with the Commission to said application. No protests 
were filed within the time prescribed and no protests have been filed 
up to the time hereof. 

Paul F. Martin, testifying for the applicant, stated that the appli- 
cants had been engaged in the transportation of general commodities 
for Sears-Roebuck and Company and Railroad Salvage Company since 
1948 under contract. They were advised by the Commission that the 
operation was contrary to law; therefore, they ceased their operation 
and filed application to this Commission for authority. 

T. J. Scott testified that he was traffic manager for Sears-Roebuck 
and Company in the area involved in this application, that the applicants 
had given his company very good service in the past and that they were 
very anxious to secure their services, if and when authority is granted. 
He testified that the applicants had not only performed the transportation 
service but, in addition to that, had rendered additional service, such as 
the installation of electrical equipment, laying of rugs, placing of furni- 
ture, etc., and that this was a type of business that could not be handled 
by a common carrier. 

M. J. Cooke, Jr. testified that he was employed by Sears-Roebuck 
and Company and that the service rendered by the applicants had been 
satisfactory and that they were very interested in the applicants render- 
ing service for them in the future under contract, if and when the 
authority is granted. 

E. B. Michaelove testified that he was owner of Railroad Salvage 



224 N. C. Utilities Commission 

Company of Winston-Salem and that the applicants had performed a 
contract service, which was very necessary in the operation of his busi- 
ness, that if the applicants are granted authority, it is his intention to 
enter into contract for service similar to service heretofore rendered to 
Railroad Salvage Company and that the service they have been perform- 
ing for his company is similar to that performed for Sears-Roebuck and 
Company. 

This Commissioner, after taking into consideration the application 
and the testimony offered by the applicant, finds that the proposed 
service is not inconsistent with the public interest and that the appli- 
cants are qualified to perform the service. 

The applicants, in the discretion of the hearing Commissioner, were 
given ten days from receiving the order in this application in which to 
file with the Commission the contracts proposed with Sears-Roebuck and 
Company and Railroad Salvage Company. In the event the contracts are 
not filed within the specified time, then this order is to become null 
and void. 

IT IS, THEREFORE, ORDERED: 

That a permit be issued to Samuel M. Gilbert and Paul F. Martin, 
d/b/a Gilbert and Martin Transfer Company to transport general com- 
modities over the routes and in the area most particularly set out in 
Exhibit A hereto attached. 

(a) Upon receipt of contract made in compliance with the statute 
with respect to contracts between contract carriers and shippers. 

(b) Upon filing of minimum rate schedule as provided in Section 26 
of the North Carolina Truck Act. 

(c) Upon filing of insurance as required by law. 
Issued by order of the Commission. 

This 8th day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-703 Samuel M. Gilbert and Paul F. Martin, d/b/a 
Gilbert and Martin Transfer Company, Winston- 
Salem, N. C. 

EXHIBIT B Transportation over irregular routes as follows: 

General commodities from Winston-Salem to 
points and places in the counties of Forsyth, 
Stokes, Surry, Yadkin, Davie, Iredell, Rowan, 
Davidson, Guilford, Rockingham, Wilkes, Cald- 
well, Alexander, Burke and Catawba, and on re- 
turn, unsatisfactory merchandise. 



Decisions and Adjustments of Complaints 225 

DOCKET NO. T-666 

FINAL ORDER 

APPLICATION OF: Grady Motor Lines 

Grady J. West, d/b/a 

611 Third Avenue 

Myrtle Beach, South Carolina 

HEARD IN: Raleigh, North Carolina, on April 7, 1949 

BEFORE: Fred C. Hunter and R. G. Johnson, Commissioners 

This is an application filed under Section 11 for the North Carolina 
Truck Act for a certificate authorizing the transportation of general 
commodities, except those requiring special equipment, between Wilming- 
ton and the North Carolina-South Carolina State line over U. S. High- 
way No. 17 serving all intermediate points and serving Southport over 
N. C. Highways Nos. 303 and 130. It appears from the testimony that 
there is now no regular route operation over said highways and between 
said points and that a public demand exists for the operation proposed. 
There was no protest to the application and the Commission deems it 
unnecessary to recapitulate the testimony. 

Upon consideration of all the testimony adduced at the hearing, the 
Commission finds public convenience and necessity for the proposed 
service to the extent set out in Exhibit A, hereto attached and made a 
part hereof, and the Commission further finds that said applicant is 
qualified to perform the service to the extent set out in said exhibit. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be, and is hereby, granted authority to operate 
as a common carrier in intrastate commerce over regular routes in the 
transportation of the commodities described within the territory de- 
scribed, as particularly set out in said Exhibit A, subject to the following 
conditions: 

(a) That the operations under the authority herein granted shall 
begin within 30 days from the date hereof, and shall not thereafter be 
suspended or discontinued without notice to and written consent from 
the Commission. 

(b) That within 30 days from the date hereof, and before beginning 
operations, the applicant shall (1) file with the Commission on Form 
N. C. M. C. 19 a full and complete description of each truck, tractor and 
trailer to be used in the operation, (2) file with the Commission certifi- 
cates of insurance on Forms N. C. M. C. 22 and 23, and (3) print and 
file with the Commission tariffs, as required by Section 25 (2) of said 
Truck Act, showing all rates and charges to be made for or in connec- 
tion with the transportation services herein authorized. 

(c) That the applicant designate in writing the name and post office 
address of a person residing in North Carolina upon whom process may 
be served as required by Section 29 of said Truck Act. 



226 



N. C. Utilities Commission 



2. That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the find- 
ings and order herein within the time allowed by law. 

Issued by order of the Commission. 



This 7th day of April, 1949. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 



Attest: 



Elsie G. Riddick, Chief Clerk 



DOCKET NO. T-666 Grady Motor Lines 
Grady J. West, d/b/a 
Regular route common carrier 
Myrtle Beach, South Carolina 



EXHIBIT A 



General commodities, except those requiring spe- 
cial equipment, from Wilmington to the North 
Carolina-South Carolina State line over U. S. 
Highway No. 17, and from said highway over N. C. 
Highway Nos. 303 and 130 to Southport and return, 
serving all intermediate points in the aforesaid 
routes. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO, T-104 

L. F. Green, d/b/a L. F. Green Transfer 
Greensboro, North Carolina 

Raleigh, North Carolina, on June 16, 1949 

Commissioners R. G. Johnson and Fred C. Hunter 



For the Applicant: 

William M. York, Attorney at Law, Greensboro, North Carolina 

For the Protestants: 

J. Ruffin Bailey and I. M. Bailey, Attorneys at Law, Raleigh, 
North Carolina, for Fredrickson Motor Express, Helms Motor 
Express and Miller Motor Express 

HUNTER, COMMISSIONER. This is an application filed with the 
Commission on September 16, 1947, under the provisions of Section 7 
of the North Carolina Truck Act. The applicant seeks a certificate to 
transport general commodities in both regular route and irregular route 
operations as follows: 

Regular Routes 
From Greensboro to Fayetteville, viz.: From Greensboro 



Decisions and Adjustments of Complaints 227 

over U. S. Highway 421 to its intersection with N. C. High- 
way 87; thence over N. C. Highway 87 to Fayetteville; from 
Fayetteville over N. C. Highway 71 to Red Springs; from 
Red Springs over N. C. Highway 211 to its intersection with 
U. S. Highway 220; thence over U. S. Highway 220 to 
Greensboro, serving all intermediate points. 

Irregular Routes 

1. General commodities between points and places within 
a radius of 35 miles of Greensboro, and from points and 
places in said radius to points and places in the State of 
North Carolina, and from points and places in said destina- 
tion territory to points and places within a radius of 35 miles 
of Greensboro. 

2. Pickles from Faison to points and places in North 
Carolina. 

3. Paper from Roanoke Rapids to points and places in 
North Carolina. 

4. Building materials of all kinds between points and 
places in North Carolina. 

Upon analysis of the application, the Commission issued temporary 
authority to said applicant on May 14, 1948, as provided by Section 10 of 
said Truck Act, along with instructions for filing exceptions to said 
temporary authority. Thereafter on June 25, 1948, and within the time 
allowed for filing exceptions to said temporary authority, the applicant 
filed exceptions to same, which were considered by the Commission and 
the temporary authority revised and reissued under date of August 13, 
1948. Said exceptions applied only to the scope and extent of the 
applicant's irregular route operations, and the temporary authority as 
revised applied only to said operations. The revised teniporary authority 
granted to the applicant larger territory than was included in the 
temporary authority, but much less than that claimed by the applicant 
in his original application as hereinabove set out. 

At the time of the hearing the applicant offered in evidence the 
original application together with the exhibits thereto attached, and also 
offered in evidence said temporary authority, the exception thereto, and 
the revised temporary authority. Mr. A. T. Sturges, manager for said 
applicant, testified that said applicant had been in operation since the 
year 1937, and that said operations had been continuous since that time 
up to the date of said hearing, and that said applicant had been and 
was then engaged in both regular route and irregular route operatons as 
set out in the application. He stated that the operations over said regular 
routes had been performed two days a week during part of the time 
and five days a week at other times, depending upon the volume of 
traffic. 

The applicant elected to file with his application a report of actual 



228 N. C. Utilities Commission 

operations for each of the twelve calendar months of 1946, as provided 
by Section 7 (2-b). Said report lists approximately 700 shipments handled 
during the year 1946, or an average of approximately 60 shipments a 
month consisting of a w^ide variety of commodities, from w^hich the 
Commission finds that the applicant w^as engaged in the transportation 
of general commodities. Said report further shows that the shipments 
handled by the applicant moved either to or from the Greensboro area, 
and actual count of the shipments handled shows only 30 shipments 
handled during the year 1946 which did not either originate or terminate 
within 35 miles of Greensboro. Of these 30 shipments 10 were the 
movement of army barracks from Maxton, North Carolina, to various 
points throughout the State, which said miovement was of necessity 
limited to a few months and now no longer exists. 

The application and the oral testimony offered in support thereof 
appears to justify the applicant's claim to the regular route operating 
authority applied for as hereinabove set out and also the irregular route 
operating authority as set out in said application with the exception of 
the transportation of pickles, paper and building materials as set out 
in sub-paragraphs 2, 3 and 4, and there appears to be no reason for 
making an exception as to those three commodities. 

Upon consideration of the application, the exhibits attached thereto, 
and the oral testimony, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibits A and B 
hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibits A and B hereto attached and made a 
part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, to applicant's attorney and to counsel for protestants, and that 
a formal certificate be issued to the applicant. 



Decisions and Adjustments of Complaints 



229 



EXHIBIT A 



Issued by order of the Commission. 

This 14th day of October, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-104 L. F. Green, d/b/a L. F. Green Transfer, Regular 
Route and Irregular Route Common Carrier, 
Greensboro, North Carolina 

Transportation of general commodities, except 
those requiring special equipment. 

Regular Routes 

From Greensboro over U. S. Highway 421 to 
Sanford; thence over N. C. Highway 87 to Fayette- 
ville; thence over U. S. Highway 301 to Junction 
of N. C. Highway 71; thence over N. C. Highway 
71 to Red Springs; thence over N. C. Highway 211 
to its intersection with U. S. Highway 220; thence 
over U. S. Highway 220 to Greensboro, and return 
serving all intermediate points. 

General commodities, except those requiring 
special equipment. 

Irregular Routes 

1. Between points and places within a radius of 
35 miles of Greensboro. 

2. From points and places within a radius of 35 
miles of Greensboro to points and places 
throughout the State. 

3. From points and places throughout the State 
to points and places within a radius of 35 mile3 
of Greensboro. 

NOTE: Irregular route operations are not authorized which would 
duplicate regular route operations. 



EXHIBIT B 



APPLICATION OF: 

HEARD IN: 
BEFORE: 



DOCKET NO. T- 157 

ORDER 

Greene Transport Service, Inc., Fayetteville, 
North Carolina 

Raleigh, North Carolina, on May 19, 1949. 

Fred C. Hunter, Joshua S. James, and Edward H. 
McMahan, Commissioners 



230 N. C. Utilities Commission 

APPEARANCES: 

For the Applicant: 

James E. Wilson, Transportation Building, Washington, D. C. 

For the Protestants: 

Vaughan S. Winborne, Attorney at Law, Raleigh, N. C. for Re- 
liable Transport, Inc., Southern Oil Transportation Company, 
Terminal City Oil Company, Star Oil Company, Eastern Oil Trans- 
port, and Hinson Transport Company. 

The applicant herein seeks authority under Section 7 of the North 
Carolina Truck Act to transport petroleum products in bulk in tank 
trucks from existing originating terminals to points and places through- 
out the state. Upon an analysis of the operations shown in the applica- 
tion, the Commission, according to its practice in such cases, issued to 
said applicant temporary authority as required by Section 10 of said Act. 
Thereupon the applicant in due time filed exceptions with the Commis- 
sion to the restricted territory set out in said temporary authority and 
demanded a hearing before the Commission, upon the contention that his 
operations, as shown by the application, covered a very wide area of the 
state and that said operations were of such a highly specialized charac- 
ter as to justify and require state-wide operating authority. In support 
of this contention the applicant offered its application in evidence along 
with the exhibits thereto attached and made a part thereof, and also 
offered oral testimony as to the character and scope of its operations in 
1946, and subsequent to that time. It appears from the application offered 
in evidence and from the oral testimony offered at the hearing that said 
applicant has consistently operated over the greater part of the state in 
the transportation of petroleum products, and that the application and 
the oral testimony well justify authority to operate from the terminals 
of irregular routes to, into and including the counties set forth and desig- 
nated in Exhibit B hereto attached. 

The protestants offered no testimony, but at the close of the evi- 
dence for applicant moved that the application be dismissed, which mo- 
tion was overruled and protestants excepted. 

Upon consideration of the application and the testimony offered, the 
Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 



Decisions and Adjustments of Complaints 



231 



shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhbit B hereto attached 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicant in accordance with the findings and 
order herein. 

Issued by order of the Commission. 
This 19th day of July, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chiej Clerk 



DOCKET NO. T-157 



EXHIBIT B 



Greene Transport Service, Inc., Fayetteville, 
North Carolina. 

Petroleum products in bulk, in tank trucks, over 
irregular routes from existing originating termi- 
nals at or near Wilmington, Morehead City, River 
Terminal, Thrift, Friendship, and Salisbury, to, 
into and including the following counties: 



New Hanover 

Brunswick 

Columbus 

Bladen 

Robeson 

Cumberland 

Harnett 

Wake 

Pitt 

Edgecombe 

Wilson 

Nash 

Franklin 

Warren 

Vance 

Granville 

Person 

Durham 

Caswell 

Alamance 

Orange 

Chatham 

Lee 

Moore 



Hoke 

Scotland 

Richmond 

Montgomery 

Randolph 

Guilford 

Rockingham 

Stokes 

Forsyth 

Davidson 

Stanley 

Anson 

Union 

Mecklenburg 

Cabarrus 

Rowan 

Iredell 

Davie 

Yadkin 

Surry 

Alleghany 

Wilkes 

Alexander 



232 N. C. Utilities Commission 

DOCKET NO. T-157 

AMENDMENT TO ORDER 

APPLICATION OF: Greene Transport Service, Inc., Fayetteville, 
North Carolina 

HEARD IN: Raleigh, North Carolina, on August 23, 1949. 

BEFORE: Stanley Winborne, Chairman, Fred C. Hunter, 

Robert Grady Johnson, Joshua S. James and Ed- 
ward H. McMahan, Commissioners, in conference. 

McMAHAN, Commissioner: The above entitled cause coming on to be 
heard before the North Carolina Utilities Commission upon petition of 
the applicant, Greene Transport Service, Inc., wherein the Commission 
was petitioned to rehear and reconsider its Order entered on July 18, 
1949 in the above entitled cause; and whereas, the Commission was pe- 
titioned and requested to amend the Order heretofore entered so as to 
include certain other counties in the State of North Carolina, in addition 
to those counties allotted to the petitioner in the above referred to 
Order for certificate authorizing petitioner to operate as a common car- 
rier of property by motor vehicle in intrastate commerce for the transpor- 
tation of petroleum products in bulk, in tank trucks, and over irregular 
routes from existing and originating terminals set forth in Exhibit B of 
said Order and to and into counties enumerated in said Exhibit B attached 
to said Order; and whereas, the petitioner has further petitioned that the 
counties of Johnston, Sampson, Pender, Duplin, Onslow, Jones, Lenoir, 
Wayne and Greene be added to those counties so allotted; and the Com- 
mission having fully considered the application made by said applicant, 
and being of the opinion that the petition to rehear should be granted, 
and after consideration of the previous record made in this cause, the 
Commission has in its discretion granted the petition of the petitioner 
to the end that the Order heretofore entered in this cause be amended 
so as to include the rights for the petitioner to operate into and including 
those counties above referred to. 

IT IS, THEREFORE, ORDERED: 

That the Order entered by this Commission on July 19, 1949 be, and 
the same is hereby amended so as to add to Exhibit B thereto attached 
the following counties, to, into and including, which the petitioner is 
now authorized to transport petroleum products in bulk, in tank trucks, 
over irregular routes from existing and originating terminals as provided 
in Exhibit B of the Order hereto amended, said counties being Johnston, 
Sampson, Pender, Duplin, Onslow, Jones, Lenoir, Wayne and Greene 
in the State of North Carolina; 

AND IT IS FURTHER ORDERED that the certificate originally 
authorized to be issued to the petitioner be amended so as to include 
said counties along with those set forth in Exhibit B attached to the 
Order of July 19, 1949, hereinabove referred to. 



Decisions and Adjustments of Complaints 233 

Issued by order of the Commission. 
This 7th day of September, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-557, SUB 1 
ORDER 

APPLICATION OF: Sam T. Gre.sham, Jr., Box 55, Wilmington, N. C. 

HEARD IN: Raleigh, North Carolina, September 23, 1949. 

BEFORE: Edward H. McMahan, Commissioner 

APPEARANCES: 

For the Applicant: 

R. Mayne Albright, 804 Insurance Building, Raleigh, N. C. 

For the Protestants: 

James E. Wilson, Mayflower Office Building, Washington, D. C, 
for Maybelle Transport Co., Inc., Greene Transport Service, Inc., 
Parmenter Transport Co., I. J. Stevens & Sons, and H & L 
Transportation Compnay. 

McMAHAN, COMMISSIONER: This is an application filed by Sam T. 
Gresham of Wilmington, North Carolina, wherein he applies for a 
certificate to operate as a common carrier for the transportation of 
petroleum, products by tank trucks, over irregular routes, from existing 
and fixed terminals throughout the state of North Carolina. 

It appears from records on file with this Commission that the 
applicant has heretofore filed application under Section 7 of the 1947 
N'orth Carolina Truck Act for rights to operate as a common carrier of 
petroleum products, in tank trucks, from fixed and existing terminals 
to points and places within the state of North Carolina, and that upon 
hearing of his cause under Section 7 of the North Carolina Truck Act, 
this Commission entered an order, which granted to the applicant 
authority to operate as such common carrier in intrastate commerce 
over irregular routes, transporting petroleum products in bulk, in tank 
trucks, and in truck loads, from Wilmington, Thrift and Friendship, North 
Carolina, to Raeford, North Carolina, and to points and places within the 
state bounded on the west by U. S, Highway 301 from the South Carolina 
line to Selma, North Carolina, and bounded on the north by a line running 
due east from Selma to Pamlico Sound. 

By the application in this cause the applicant seeks to enlarge his 
operation to cover the entire state of North Carolina under Section 11 
of the North Carolina Truck Act of 1947, based upon convenience and 
necessity to the general public. 



234 N. C. Utilities Commission 

In support of his application, the applicant testified that he had been 
in the business of transporting petroleum products in bulk, since the 
year 1936; that his business was set up purely for the purpose of 
transporting petroleum products, and that all of his equipment was 
designed for such service; that at the present time he has two tractors 
and two tank trailers; that in the past he and his father together had 
operated twelve units prior to the year 1942, but since 1942 he, himself, 
had operated his business and had served territory extending approxi- 
mately from Wilkes County, as a western boundary in the state of North 
Carolina, all the way to Hyde County on the east, and from Person County 
in the north of North Carolina and from Brunswick County in the south 
of North Carolina; he testified that on his previous application, heretofore 
mentioned under Section 7 of the North Carolina Truck Act, that he was 
granted so called "grandfather rights" to serve territory lying east of 
U. S. Highway 301 north of the South Carolina State Line, and south of a 
line running from. Selma, North Carolina, due east to Pamlico Sound, 
and that this territory gave him twenty-two counties to serve, but that 
there was some confusion as to the actual boundary because it could 
not be definitely and accurately ascertained where the imaginary lines 
of the same did run. The applicant testified that he was situated in the 
heart of the terminal district and that he received oral orders directly 
from the terminals and from other truckers; that many of the orders 
came together at the same time, and that during the heavy seasons, when 
the demand for petroleum products was at the height, that business more 
than doubled at the various points to be served; that most of his business 
came from the Standard Oil Company but that he held himself out to 
serve others; the applicant testified that his assets, all of which are 
unencumbered, amount to approxim.ately $40,000; he testified that he 
can serve customers anywhere throughout the state of North Carolina, 
and that he can do far more than he is doing at the present time; he 
testified that in his opinion there was a public necessity for his operation 
to extend throughout the state of North Carolina because of the nature 
of the specialized service he offered, and the urgency of the demand of 
service when the orders are received; he testified that he receives many 
orders to deliver petroleum products where he cannot now serve, due to 
the restrictions placed upon him by the certificate he now holds; that all 
orders received from the terminals are usually rush orders, which, must 
be delivered on the day received, and cannot wait for the morrow; that 
if he attempts to serve these customxers to points and places where he has 
no authority to operate that he must immediately set up a lease agree- 
ment with some other carrier, who has such operating rights to such 
points; he testified that he has received in the last thirty to sixty days 
orders from the following places outside of the boundaries of his territory 
and in many instances a large number of orders from these same places, 
said places being: Durham in Durham County, Rowland and Pembroke 
in Robeson County, Southern Pines in Moore County, Varina in Wake 
County, Tarboro in Edgecombe County, Raleigh in Wake County, Siler 
City in Chatham County, Wilson in Wilson County, Laurinburg in 
Scotland County, Apex and Wake Forest in Wake County, Farmville in 



Decisions and Adjustments of Complaints 235 

Pitt County and Louisburg in Franklin County; the applicant further 
testified that there were two rush seasons during the year, namely, the 
tobacco curing season during the late summer and early fall, and after 
a brief lull the heating oil season, which begins in the fall and continues 
throughout the winter and spring; on cross examination the applicant 
testified that the curing season for tobacco extended for approximately 
eight weeks; and he further testified that he did not know whether those 
who called him, which he could not serve, eventually obtained the 
service, but that in instances, which he knew about, where transportation 
was eventually obtained, the delay caused the concern giving the order 
to run out of petroleum products. 

The applicant offered evidence from R. G. White of Wilmington, 
North Carolina, Terminal Superintendent for Esso Standard Oil Company, 
who testified that he had used the applicant's service since 1935; that he 
had occasions to call on the applicant to render service, which the 
applicant could not render due to the restrictions of his operating rights; 
he testified that he knew of his own knowledge that the applicant had 
been needed to make deliveries to Southern Pines, Greenville, Rowland 
and other places in North Carolina and that because the applicant could 
not serve these points, it was necessary to call on other haulers, all of 
which resulted in a delay to the general public; Mr. White testified that 
it was his opinion, based upon his experience and knowledge of the trade, 
that public convenience and necessity would be served by granting to 
the applicant state-wide authority. 

The applicant offered Mr. Luther Cromartie of Wilmington, North 
Carolina, who testified that he was in the oil transport business and had a 
certificate covering fifty-one counties in the state of North Carolina, 
largely in the tobacco belt; that he had many occasions to call upon the 
applicant to make deliveries that he himself was unable to serve, and 
that in his opinion public convenience would be greatly increased and 
that there was a public necessity for the applicant to have state-wide 
operating rights. 

Based upon the records in this cause and upon the evidence offered 
at the hearing, the Commissioner finds the following facts: 

1. That the applicant is now a franchised carrier of petroleum 
products, in bulk in tank trucks, in truck loads, from Wilmington, Thrift 
and Friendship, North Carolina to Raeford and to points and places 
within the state bounded on the west by Highway 301 from the South 
Carolina line to Selma, North Carolina, and bounded on the north by a 
line running due east from Selma to Pamlico Sound; that the applicant 
holds Certificate No. C-475 issued by this Commission for such authority. 

2. That the applicant's present authority, under the above certificate, 
gives to the applicant operating authority in the following counties of 
the State of North Carolina: Brunswick, Columbus, Bladen, Sampson, 
Duplin, Pender, New Hanover, Lenoir, Craven, Pamlico, Jones, Onslow 
and Carteret; and gives to the applicant operating rights in a portion 



236 N. C. Utilities Commission 

of Robeson, Cumberland, Harnett, Johnston, Wayne, Greene, Pitt, Beau- 
fort and Hyde, but not including all of said last named counties. 

3. That the applicant is an experienced operator, and possesses 
sufficient equipment, and ability to provide other sufficient equipment, 
to serve a far larger area than that now granted to said applicant. 

4. That there is a demand for the applicant's service, extending out 
into a larger area than that which he now serves, and that it would be a 
matter of convenience to the general public having need for the 
transportation of petroleum products, and would further amount to a 
convenience to the said general public for the applicant to have a wider 
area in which to operate. 

5. That the applicant is hindered in the use of his present operational 
rights by the indefinite designation of his territorial boundary lines, in 
that it cannot always be accurately determined whether or not the 
applicant has authority to make deliveries to certain points near the 
imaginary line dividing the territory in which he is authorized to serve, 
and that immediately adjacent thereto. 

6. That the applicant has in the past, received orders for services 
extending as far west in the state of North Carolina as the County of 
Wilkes, and that there have been frequent requests for his services in 
the general territory of the state of North Carolina from those counties 
extending as far west as Surry, Wilkes, Alexander, Catawba, Lincoln and 
Gaston, and throughout all other counties in the state of North Carolina 
lying east of said counties above enumerated. 

Based upon the foregoing findings of fact the hearing Commissioner 
concludes that the applicant has carried the burden of his case and 
proven that the convenience of the general public would be served, 
and that there is a public necessity for such service, which the applicant 
is equipped and financially able to serve in all the counties of the state 
of North Carolina lying east of and including those counties above 
designated, and that the applicant has brought himself within the 
provisions of Section 11 of the 1947 Truck Act, which gives him the 
right to a certificate of franchise to serve said counties in the state of 
North Carolina designated within the above defined boundary. 

IT IS, THEREFORE, ORDERED: 

That the applicant be, and he is hereby granted operational rights, 
by certificate and franchise to transport petroleum products in bulk, in 
tank trucks, and in truck loads from existing and fixed terminals in 
Wilmington, Thrift and Friendship to all points and places within the 
following counties in the state of North Carolina: Surry, Wilkes, 
Alexander, Catawba, Lincoln, Gaston, Yadkin, Iredell, Davie, Rowan, 
Cabarrus, Mecklenburg, Union, Stokes, Forsyth, Davidson, Stanly, 
Anson, Richmond, Montgomery, Randolph, Guilford, Rockingham, Cas- 
well, Alamance, Chatham, Lee, Moore, Hoke, Scotland, Person, Orange, 
Durham, Wake, Harnett, Granville, Vance, Warren, Nash, Franklin, 



Decisions and Adjustments of Complaints 237 

Wilson, Johnston, Cumberland, Robeson, Northampton, Halifax, Edge- 
combe, Wayne, Sampson, Bladen, Columbus, Duplin, Pender, Brunswick, 
New Hanover, Pitt, Greene, Lenoir, Jones, Onslow, Carteret, Craven, 
Pamlico, Beaufort, Hyde, Martin, Washington, Tyrrell, Dare, Hertford, 
Gates, Bertie, Chowan, Currituck, Camden, Pasquotank and Perquimans. 

It is further ordered that a copy of this order be mailed to the 
applicant, the applicant's attorney, and a copy to the attorney appearing 
for the protestants. 

By order of the Commission. 

This 8th day of October, 1949. 

Myrtha Fleming, Chief Clerk 

(SEAL) 



DOCKET NO. T-250 

APPLICATION OF: E. O. Griffin and O. E. Grist, d/b/a Griffin-Grist 
Trucking Company, Charlotte, North Carolina 

HEARD ON: January 24, 1950, in Charlotte, North Carolina 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

Fred H. Hasty, Sims, Hasty & Rouzer, Attorneys at Law, 806 Law 
Building, Charlotte, North Carolina 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C, 
for Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express, and Miller Motor Express 
Copeland E. Adams, Attorney at Law, Blackstone, Va., for The 
Transport Corporation, Vance Trucking Co., Inc., and Forbes 
Transfer Co. 

HUNTER, COMMISSIONER. The application herein was filed with 
the Commission on September 27, 1947, under the provisions of Section 
7 of the North Carolina Truck Act, for a certificate authorizing the 
transportation of general commodities over irregular routes throughout 
the entire State of North Carolina. Upon the call of said case for hearing, 
the applicants offered in evidence (a) the original application along with 
the exhibits thereto attached, including a report of operations for the 
months of July and September, (b) the temporary authority issued to 
said applicants by the Commission, (c) the exceptions filed by the ap- 
plicants to said temporary authority, and (d) the temporary authority as 
revised and reissued by the Commission. 

In addition to the foregoing documentary evidence, Mr. O. E. Grist, 
one of the partners in said business, testified that said partnership with 



238 N. C. Utilities Commission 

Mr. E. O. Griffin was formed and the operations under said partnership 
commenced in February, 1946, and that he and his said partner had 
operated said transportation business continuously since its organization 
in February, 1946, and that throughout said period they had continued 
to hold themselves out to the general public as a common carrier of 
general commodities throughout the State of North Carolina over ir- 
regular routes. 

The protestants objected and excepted to the documentary evidence 
referred to m (b), (c) and (d) above. In other words, said protestants 
excepted to all documentary evidence other than that contained in the 
original application as filed with the Commission on September 27, 1947. 
All documentary evidence offered in this case was prepared and filed 
with the Commission in compliance with its rules of practice. The compe- 
tency of such evidence in grandfather applications has been passed upon 
and sustained by the Commission, and by the courts in many cases. The 
reasons for receiving such evidence in grandfather applications has been 
fully explained by the Commission in a very large number of cases in 
which the protestants herein appeared as parties, and it is not deemed 
necessary to again repeat the explanation given in former cases. 

Upon a careful analysis of the operations shown to have been per- 
formed by said applicants in 1946, the Hearing Commissioner is of the 
opinion and finds that the nature and scope of said operations are as 
set out in the revised temporary authority issued to said applicants on 
March 21, 1949, the same being as set out in Exhibit B hereto attached, 
and upon consideration of the application and the testimony offered in 
support thereof, the Hearing Commissioner further finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That said applicants were in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, were so operating on January 1, 1947, and have continued to so 
operate since that time. 

3. That the operations shown by the report of said applicants, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicants be, and are hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 



Decisions and Adjustments of Complaints 



239 



applicants, a copy to the attorney for the applicants, and a copy to the 
attorney for each protestant of record in this cause, and a formal cer- 
tificate be issued to the applicants in accordance with said findings and 
order. 

Issued by order of the Commission. 

This 14th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-250 E. O. Griffin and O. E. Grist, d/b/a Griffin-Grist 
Trucking Company, Irregular Route Common Car- 
rier, Charlotte, North Carolina 



EXHIBIT B 



1. 



2. 



The transportation of general commodities, ex- 
cept those requiring special equipment: 

(a) Between points and places in Mecklen- 
burg County. 

(b) From points and places in Mecklenburg 
County to points and places in the coun- 
ties of Forsyth, Guilford, Cabarrus, Bun- 
combe, Surry, Catawba, Cleveland, Ro- 
wan, Wilson, Durham, Washington, David- 
son, Caldwell, Union, Stanly, Rutherford, 
Henderson, Haywood, Jackson, Swain, 
Macon, Cherokee, Wilkes, Burke, Mc- 
Dowell, Wake, Cumberland, and New 
Hanover. 

(c) From points and places in the counties 
above named to points and places in 
Mecklenburg County. 

The transportation of commodities requiring 
refrigerated equipment: 

(a) Between points and places in Mecklen- 
burg County. 

(b) From points and places in Mecklenburg 
County to points and places in the counties 
of Wake, Cleveland, Catawba, Cabarrus, 
Rowan, Forsyth, Gulford, Durham, Wilson, 
Nash, and Edgecombe. 

(c) From points and places in the counties 
above named to points and places in 
Mecklenburg County. 



240 N. C. Utilities Commission 

DOCKET NO. T-352 

APPLICATION OF: Alton E. Grimes 

Robersonville, N. C. 

HEARD IN: Williamston, N. C, on March 22, 1950. 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: 

For the Applicant: 

No Attorney. Applicant appeared in person. 

For the Protestants: 

Mr. C. E. Adams, Attorney at Law, Blackstone, Virginia, for The 
Transport Corporation, Vance Trucking Company, Inc. and Forbes 
Transfer Company. 

The above case which was regularly calendared for hearing was re- 
ferred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: Applicant filed application under Section 7 of the 1947 
Truck Act, which said application was calendared for hearing at 9:30 
a. m. on March 22, 1950, at the Martin County Courthouse, Williamston, 
N. C. Applicant seeks a certificate under Section 7 of the 1947 Truck 
Act to transport general commodities except those requiring special 
equipment over irregular routes between points and places within the 
following counties: Granville, Vance, Halifax, Nash, Johnston, Edge- 
combe, Wilson, Wayne, Sampson, Bertie, Martin, Beaufort, Pitt, Greene, 
Lenoir and Pamlico. 

Applicant testified that application and exhibit attached thereto were 
prepared under his instructions and from the records made of the 1946 
operations. Application with exhibits attached thereto, temporary 
authority dated November 2, 1948, with exhibit attached, were offered in 
evidence supporting grandfather application .The applicant stated that 
he began trucking business in 1931 and has continued to operate since 
that date. Applicant was cross-examined by the protestants. Protestants 
offered no evidence. Applicant and protestants waived the filing of pro- 
posed findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant as re- 
quired by Section 7 (b) of said Act were reasonably frequent and con- 



Decisions and Adjustments of Complaints 



241 



tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accord- 
ance with said findings and order. 

Issued by order of the Commission. 

This 17th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-352 



EXHIBIT B 



Alton E. Grimes 
Robersonville, N. C. 

General commodities except those requiring spe- 
cial equipment over irregular routes between 
points and places within the following counties: 
Granville, Vance, Halifax, Nash, Johnston, Edge- 
combe, Wilson, Wayne, Sampson, Bertie, Martin, 
Beaufort, Pitt, Greene, Lenoir and Pamlico. 



DOCKET NO. T-139 



ORDER 



W. T. Howell, Jr. and C. C. Lemonds, d/b/a H & L 
Transportation, Greensboro, North Carolina 

Raleigh, North Carolina, on May 18, 1949 

Fred C. Hunter and Joshua S. James, Commis- 
sioners 



APPLICATION OF: 

HEARD IN: 
BEFORE: 

APPEARANCES: 
For the Applicant: 

James E. Wilson, Roberts and Mclnnis, Attorneys at Law, Wash- 
ington, D. C. 

For the Protestants: 

Vaughan S. Winborne, Attorney at Law, Raleigh, North Carolina 
For:' Reliable Transport, Inc., Southern Oil Transportation Com- 
pany, Terminal City Oil Company, Star Oil Company, Eastern Oil 

Transport, Hinson Transport 



242 N. C. Utilities Commission 

The applicants herein seek authority under Section 7 of the North 
Carolina Truck Act to transport petroleum products in bulk in tank 
trucks, from existing originating terminals to points and places through- 
out the State. Upon an analysis of the operations shown in the applica- 
tion, the Commission issued to said applicants temporary authority as 
required by Section 10 of said Act. In due time applicants excepted to the 
restricted territory set out in said temporary authority, and demanded a 
hearing before the Commission upon the contention that their operations, 
as shown by the application, covered such a wide area of the State and 
are of such a highly specialized character as to require authority to 
serve the entire State. In support of these contentions the applicants 
offered in evidence the application, together with the exhibits thereto 
attached and made a part thereof, and also offered oral testimony in 
explanation of the scope and character of their operations in 1946, and 
subsequent to that time. It appears from the testimony offered in the 
form of exhibits and orally that the applicants were in 1946, and are 
now, transporting petroleum products to points and places in approxi- 
mately one-half of the counties of the State from Tyrrell County in the 
east to Cherokee County in the west. 

The Commission is of the opinion and finds from the testimony that 
the applicants were holding themselves out to serve the entire State on 
January 1, 1947, and from said date to the date hereof, and that their 
actual operations to points and places are performed over such a very 
wide area in the State as to entitle said applicants to the state-wide 
authority shown. 

Protestants offered no testimony, but at the close of the evidence 
for the applicants moved that the application be dismissed, which motion 
was overruled and protestants excepted. 

Upon consideration of the application and the documentary and oral 
testimony offered in support thereof, the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate commerce 



Decisions and Adjustments of Complaints 



243 



as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal cer- 
tificate be issued to said applicant in accordance with the findings and 
order herein. 

Issued by order of the Commission. 
This 19th day of May, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-139 W. T. Howell, Jr. and C. C. Lemonds, d/b/a H & L 
Transportation, irregular route common carrier, 
Greensboro, North Carolina 



EXHIBIT B 



Petroleum products in bulk in tank trucks, over 
irregular routes from existing originating termi- 
nals at or near Wilmington, Morehead City, River 
Terminal, Thrift, Friendship, and Salisbury to 
points and places throughout the State. 



DOCKET NO. T-120 

ORDER 

APPLICATION OF: Gidd W. Harper, d/b/a 

Harper Transfer Company 
Battleboro, North Carolina 



HEARD IN: 

BEFORE: 

APPEARANCES: 



Raleigh, North Carolina, on November 4, 1949 
Fred C. Hunter, Commissioner 



For the Protestants: 

J. Ruffm Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
N. C, for Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express and Miller Motor Express 

HUNTER, COMMISSIONER: This is an apphcation filed on Septem- 
ber 19, 1947, under Section 7 of the North Carolina Truck Act for a 
certificate to transport general commodities within the entire area of the 
State east of U. S. Highway 23. The application was originally filed by 
Joseph P. Harper and Gidd W. Harper, partners. The partnership has 
since been dissolved, and the operating rights of said partners trans- 
ferred to Gidd W. Harper, as sole owner, all of which was presented to 
and approved by the Commission as appears of record. 



244 N. C. Utilities Commission 

After the filing of said application, the Commission issued temporary 
authority to said Gidd W. Harper, pursuant to the provisions of Section 
10 of said Act, granting to said applicant the right to transport general 
commodities between points and places in some twenty counties of 
North Carolina, from Pasquotank, Pamlico, Onslow, and New Hanover 
counties on the east to Wilkes and Catawba counties on the west. As pro- 
vided by the rules of the Commission, the applicant filed exceptions to 
said temporary authority contending that the same did not include the 
territory to which applicant was entitled as shown by his application. 

At the call of the case for hearing, the applicant testified that he had 
been engaged in the transportation of property, along with his partner 
above-named, for many years prior to 1946 and that said operations had 
been continuous from prior to 1946 to the date of said hearing. The appli- 
cant further testified that the temporary authority issued by the Com- 
mission fairly represents the nature and scope of said operations during 
the year 1946, on January 1, 1947, and subsequent to that time. The 
applicant also offered in evidence the application filed in this cause, 
together with all exhibits and documents thereto attached and made a 
part thereof. 

Protestants offered no testimony. 

The Hearing Commissioner is of the opinion and finds that said tempo- 
rary authority does not fairly represent the nature and scope of the 
applicant's operations as shown by the report thereof filed with the ap- 
plication in that the transportation performed by the applicant during 
the year 1946 was much more localized than the temporary authority 
purports to show. The applicant's report of operations covers the entire 
year of 1946 and shows five hundred and thirteen (513) shipments han- 
dled during the entire year 1946. Of these five hundred and thirteen (513) 
different shipments, four hundred and ninety-five (495) originated or 
terminated or originated and terminated in the counties of Nash, Edge- 
combe and Halifax. Of the remaining 18 shipments, 16 consisted of the 
transportation of tobacco to and from various markets, including Rocky 
Mount, Wilson, Greenville, Kinston, Smithfield, Varina, Fuquay Springs, 
Durham, Winston-Salem, Lumberton, Fairmont, Fair Bluff, Chadbourn 
and Whiteville; the other 2 shipments being 1 shipment of mortar mix 
from Greensboro to Bethel and a shipment of cement blocks from Raleigh 
to Bethel. It also appears from an examination of commodities handled 
durng 1946 that the same consists predominantly of agricultural com- 
modities, such as cotton seed meal, cotton seed hulls, cotton seed, hay, 
corn and peanuts, but includes other commodities of a sufficient variety 
from which the Hearing Commissioner finds that the applicant was 
engaged in the transportation of general commodities but restricted to 
movements within the counties of Nash, Edgecombe and Halifax or to 
or from said counties with the exception of the transportation of tobacco. 
The applicant appears to have served the principal tobacco markets of 
the State and such rights should be included in his operating authority. 

Upon consideration of all the testimony, the Hearing Commissioner 
finds: 



Decisions and Adjustments of Complaints 245 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said sec- 
tion and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to counsel for protestants, and that a 
formal certificate be issued to the applicant in accordance with the order 
herein. 

Issued by order of the Commission. 
This 17th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-120 Gidd W. Harper, d/b/a Harper Transfer Company, 
irregular route common carrier, Battleboro, 
North Carolina 

EXHIBIT B 1. Transportation of general commodities except 

those requiring special equipment 

(a) to, from and between points in the coun- 
ties of Nash, Edgecombe and Halifax, 

(b) from points and places in said counties 
to points and places in North Carolina on 
and east of U. S. Highway 321, 

(c) from points and places on and east of 
U. S. Highway 321 to points and places in 
said counties of Nash, Edgecombe and 
Halifax. 

2. Transportation of unmanufactured tobacco and 
accessories to and from warehouses, redrying 
plants and places of storage in the area of the 
State in and east of Forsyth County. 



246 N. C. Utilities Commission 

:; . DOCKET NO. T-354 

ORDER 

APPLICATION OF: Clyde C. Harvey, d/b/a Harvey's Transfer 

P. O. Box 95 

Guilford, North Carolina 
HEARD IN: Greensboro, N. C, on January 11, 1950 

BEFORE: R. G. Johnson, Commissioner 

APPEARANCES: 

For the Applicant: 

Mr. E. M. Stanley, Attorney at Law, Greensboro, North Carolina. 

For the Protestants: 

Mr. J. Ruffin Bailey, Attorney at Law, of the firm of Bailey and 
Holding, Raleigh, N. C, for Fredrickson Motor Express, Helms 
• J Motor Express and Miller Motor Express. 

Mr. J. C. Weaver, Attorney at Law, Richmond, Virginia, for The 
Transport Corporation. 

The above case which was regularly calendared for hearing was 
referred to R. G. Johnson, Commissioner, under the 1949 Procedure Act. 

Applicant filed application under Section 7 of the 1947 Truck Act, 
said application was calendared for hearing at 11:15 a.m. on January 11, 
1950, at the Guilford County Courthouse, Greensboro, N. C, and was 
heard on said date at 11:45 a.m. Applicant seeks a certificate under 
Section 7 of the 1947 Truck Act to transport general commodities, except 
those requiring special equipment over irregular routes between points 
and places within the following counties: Buncombe, Henderson, Mitchell, 
Rutherford, Watauga, Cleveland, Wilkes, Catawba, Gaston, Surry, 
Iredell, Mecklenburg, Rowan, Cabarrus, Forsyth, Rockingham, Guilford, 
Randolph, Montgomery. Richmond, Alamance, Chatham, Lee, Robeson, 
Cumberland, New Hanover, Person, Durham, Wake, Wayne and Craven. 

Mr. Clyde C. Harvey testified that the application and exhibits 
attached thereto were prepared under his instructions and from records 
made of the 1946 operations. Application, exhibits attached thereto, 
temporary authority dated November 10, 1948, with exhibit attached 
thereto were offered in evidence supporting the grandfather application, 
that he had been in business continuously since 1928 and was operating 
during the entire year of 1946 and has operated continuously since. 
Protestants offered no evidence. Applicant and protestants waived the 
filling of proposed findings of fact and conclusions of law and briefs. 

The Commissioner finds: ... . •■ 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 



Decisions and Adjustments of Complaints 



247 



carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. ^ . 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities trsmsported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby* authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accordance 
with said findings and order. 

Issued by order of the Commission. 

This 15th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-354 Clyde C. Harvey, d/b/a Harvey's Transfer 
P. O. Box 95, Guilford, North Carolina 



EXHIBIT B 



Transportation of general commodities, except 
those requiring special equipment over irregular 
routes between points and places within the 
following counties: Buncombe, Henderson, Mit- 
chell, Rutherford, Watauga, Cleveland, Wilkes, 
Catawba, Gaston, Surry, Iredell, Mecklenburg, 
Rowan, Cabarrus, Forsyth, Rockingham, Guilford, 
Randolph, Montgomery, Richmond, Alamance, 
Chatham, Lee, Robeson, Cumberland, New Han- 
over, Person, Durham, Wake, Wayne and Craven. 



APPLICATION OF: 

HEARD IN: 
BEFORE: 



DOCKET NO. T- 128 

ORDER 

Neal Hawkins Transfer Company, Incorporated 
Gastonia, North Carolina 

Raleigh, North Carolina, on November 4, 1949 

Fred C. Hunter, Commissioner 



248 N. C. Utilities Commission 



APPEARANCES: 



For the Applicant: 

R. G. Cherry, Cherry & Hollowell, Attorneys at Law, Gastonia, N.C. 

HUNTER, COMMISSIONER. The above application was called for 
hearing and heard at the Commission's Hearing Room in Raleigh, on 
November 4, 1949, after due notice to the public and other carriers as 
required by law, and there being no protestants at said hearing and no 
exception being made to the application, it is not considered necessary to 
set out the testimony further than to say that the Hearing Commissioner 
finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy to the applicant's attorney, and a formal certificate 
issued to the applicant in accordance with said findings and order. 

Issued by order of the Commission. 

This 18th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-128 Neal Hawkins Transfer Company, Incorporated, 
irregular route common carrier, Gastonia, N. C. 

EXHIBIT B 1. General commodities, except those requiring 

special equipment, over irregular routes be- 
tween points and places in the counties of 
' ' Henderson, Buncombe, Polk, Rutherford, Mc- 

Dowell, Burke, Cleveland, Gaston, Lincoln, 



Decisions and Adjustments of Complaints 



249 



Catawba, Caldwell, Alexander, Wilkes, Iredell, 
Davie, Rowan, Cabarrus, Stanly, Mecklenburg, 
Union, Haywood, Transylvania, Yadkin, For- 
syth, Davidson, Montgomery, Richmond, and 
Anson and between points and places in the 
above mentioned counties on the one hand and 
on the other those in N. C. outside of the above 
counties. 

2. Cotton and waste in bales over irregular routes 
between points and places throughout the 
State. 

3. Petroleum and petroleum products in drums 
or in packages over irregular routes from 
Wilmington and Morehead City to points and 
places throughout the State. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-251 
ORDER 

C. F. Hearn 

New Hill, North Carolina 

Raleigh, North Carolina, on January 4, 1950 

Fred C. Hunter, Conimissioner 



For the Applicant: 

E. D. Flowers, Attorney at Law, Raleigh, N. C. 

For the Protestants: 

Copeland E. Adams, Attorney at Law, Blackstone, Virginia, for 
The Transport Corporation, Vance Trucking Co., Inc., and Forbes 
Transfer Company 

J. Ruffin Bailey, Attorney at Law, Raleigh, N. C, for Fredrickson 
Motor Express, Mrs. Mabel D. Burton, d/b/a Helms Motor Express 
and Miller Motor Express 

HUNTER, COMMISSIONER: By this application, filed with the 
Commission on September 27, 1947, the applicant seeks authority under 
Section 7 of the North Carolina Truck Act to transport general 
commodities over irregular routes as a common carrier throughout the 
entire area of North Carolina. The applicant was allowed to offer in 
evidence, and did offer in evidence, the original application, along with 
the various exhibits attached thereto, including a report of shipments 
hauled by applicant during the month of December, 1946, and was 
allowed over the objections of protestants to offer in evidence exceptions 
to the temporary authority issued to said applicant, including a further 



250 N. C. Utilities Commission 

report of operations covering the months of July, August, September, 
October and November, 1946, said exceptions and the amended report 
of operations being in compliance with the Commission's General Order 
in Docket No. 4066-B. 

At said hearing, the applicant disclaimed the right to transport 
unmanufactured leaf tobacco but insisted upon the right to transport 
general commodities as authorized by the Commission in the temporary 
authority issued to said applicant, dated January 15, 1949, which said 
temporary authority authorized the transportation of general commodi- 
ties, except those requiring special equipment, over irregular routes 
between points and places in the counties of Surry, Iredell, Gaston, 
Mecklenburg, Guilford, Randolph, Chatham, Lee, Harnett, Moore, 
Cumberland, Robeson, Orange, Durham, Wake, Johnston, Person, Gran- 
ville, Vance, Warren, Franklin, Nash, Wilson, Edgecombe, Pitt, Craven, 
Carteret and Hertford. 

Upon an analysis of the operations shown by the application to have 
been performed by the applicant during the last six months of 1946, 
the Hearing Commissioner arrives at a conclusion different from that 
authorized in said temporary authority. The report of operations for 
said six-month period, July through December, 1946, shows that the 
applicant transported a total of 90 shipments. Of this number, 51 ship- 
ments were brick, all 51 shipments originated at Brick Haven and 
delivered at points over a very wide area of North Carolina. The 
remaining 39 shipments consisting of commodities other than brick with 
very few exceptions either originated or terminated within 25 miles of 
New Hill, the exceptions being one shipment of building material from 
Cherry Point to Greensboro, one shipment of roofing from Greensboro 
to Cherry Point, one shipment of gum blocks from Middlesex to Liberty 
and one bed from Bogue to Greensboro. An examination of the various 
commodities hauled and the territory served does not warrant a finding 
that the applicant was transporting general commodities between points 
and places in the counties above-named but shows that the applicant's 
operations were limited almost entirely to movements between points 
within a radius of 25 miles of New Hill and to movements to and from 
said area, and consisting chiefly of commodities used in construction and 
building. The commodities which the applicant hauled from said 25 mile 
area to other sections of the State, or vice versa, are not of such a 
variety as to be fairly classed as general commodities. 

The protestants offered no testimony. 

Upon consideration of the application and the testimony of the 
applicant, the Hearing Commissioner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
section, and in compliance w/ith the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property in intrastate commerce during the year 1946, was so 



Decisions and Adjustments of Complaints 



251 



operating on January 1, 1947, and has continued to so operate since that 
time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy thereof to the applicant's counsel, and a copy thereof 
to counsels for protestants, and that a formal certificate be issued to the 
applicant in accordance with the findings and order herein. 

Issued by order of the Commission. 

This 24th day of January, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-25I 



EXHIBIT B 



C. F. Hearn, irregular route common carrier, 
New Hill, North Carolina 

Transportation over irregular routes as follows: 

1. General commodities, except those requiring 
special equipment and except unmanufactured 
leaf tobacco, between points and places within 
a radius of 25 miles of New Hill. 

2. Brick from Brick Haven to points and places 
throughout the State. 

3. Road and farm machinery, feed, lumber, ce- 
ment, building blocks, sand, gravel, pipe and 
other building and construction equipment and 
materials within a radius of 25 miles of New 
Hill to points and places within a radius of 
100 miles thereof, and from points and places 
within a radius of 100 miles of New Hill to 
points and places within a radius of 25 miles 

■of New Hill. 



APPLICATION OF: 



DOCKET NO. T-654 

E. M. Henderson, d/b/a E. M. Henderson Transfer 
Lumberton, North Carolina -. ■■ 



252 N. C. Utilities Commission 

HEARD IN: Raleigh, North Carolina, on September 28, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

G. Butler Thompson, Attorney at Law, Lumberton, N. C. 

No Protestants: 

HUNTER, COMMISSIONER. The above application was filed with 
the Commission on September 28, 1948, for a certificate under the 
provisions of the North Carolina Truck Act, for authority to transport 
agricultural commodities, cotton in bales, fertilizer and fertilizer mater- 
ials, building materials, family moving and the transportation of house- 
hold goods as defined by the Interstate Commerce Commission in 
Ex Parte No. MC 19, between points and places in the State of North 
Carolina on and east of U. S. Highway 321. 

It appears from the testimony offered at said hearing that a number 
of shippers of Lumberton have found the transportation service offered 
by common carriers inconvenient and inadequate to meet their trans- 
portation needs, and that they need the use of a local carrier for the 
transportation of the commodities of the kinds above enumerated to 
and from Lumberton and its immediate vicinity. The testimony shows 
that there is a substantial public demand and need for the transportation 
of fertilizer and fertilizer materials from plants located in or near 
Wilmington to points and places in the counties of Robeson, Scotland, 
Richmond, Hoke, Cumberland, Bladen and Columbus, and to and from 
points and places in said counties. The testimony further shows a 
substantial public demand and need for the transportation of the other 
classes of property hereinabove described, within Robeson County and 
to and from points and places in Robeson County, but does not disclose 
any demand or need for any transportation of said commodities except 
movements within said county and to and from said county as 
originating and destination points. 

Upon consideration of all the testimony, the Hearing Commissioner 
is of the opinion and finds a public demand and need for the transporta- 
tion service particularly set out in Exhibit B hereto attached, and 
further finds that the applicant has the equipment, the experience and 
the financial means to perform said service in a satisfactory manner. 

IT IS, THEREFORE, ORDERED: 

That a certificate be issued to said applicant authorizing operations 
as set out in said Exhibit B, subject to the following conditions: 

(a) That the operations under the authority herein granted shall 
begin within 30 days from the date hereof, and shall not thereafter be 
suspended or discontinued without notice to and written consent from 
the Commission. 



Decisions and Adjustments of Complaints 



253 



(b) That within 30 days from the date hereof, and before beginning 
OE>erations, the applicant shall (1) file with the Commission on Form 
N. C. M. C. 19 a full and complete description of each truck, tractor and 
trailer to be used in the operations, (2) file with the Commission 
certificates of insurance on Forms N. C. M. C. 22 and 23, and (3) print 
and file with the Commission tariffs, as required by Section 25 (2) of 
said Truck Act, showing all rates and charges to be made for or in 
connection with the transportation services herein authorized. 

Issued by order of the Commission. 

This 28th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-654 E. M. Henderson, d/b/a E. M. Henderson Transfer, 
irregular route common carrier, Lumberton, N. C. 



EXHIBIT B 



The transportation of: 

1. Agricultural commodities including unmanu- 
factured farm, dairy, and orchard products, 
including wheat, corn, oats, peanuts, potatoes, 
melons, fruits, vegetables, cotton seed, cotton 
seed meal and hulls, seeds, feeds, poultry, eggs, 
and other farm produce. 

2. Cotton in bales. 

3. Fertilizer and fertilizer materials, including 
ordinary com.mercial fertilizer, fish scrap, lime, 
manure, and related soil fertilization materials 
in truck loads. 

4. Building materials, including lumber, rough 
or dressed, flooring, weather-boarding, sheet- 
ing, roofing, cut stone, slats, tile, brick, cement, 
and cinder blocks, and other building materials 
usually transported in flat-bed trucks. 

5. Family moving, including all goods, effects, 
and property of an individual family or house- 
holder moved as a unit from one residence to 
another or to or from a temporary place of 
storage. 

6. Household goods as defined by the Interstate 
Commerce Commission in Ex Parte MC 19. 

The transportation of fertilizer and fertilizer 
materials as described in paragraph number 3, 
from manufacturing plants at or near Wilming- 
ton to points and places in the counties of 
Robeson, Scotland, Richmond, Hoke, Cumber- 



254 



N. C. Utilities Commission 



land, Bladen, and Columbus, and to and from 
points and places in said counties. 
The transportation of other commodities de- 
scribed in paragraphs 1, 2, 4, 5 and 6 above, 
is limited to operations: 

(1) Between points and places in Robeson 
County. 

(2) From points and places in Robeson County 
to points and places in North Carolina on 
and east of U. S. Highway 21. 

(3) From points and places in North Carolina 
on and east of U. S. Highway 21 to points 
and places in Robeson County. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-293 

ORDER 

Claude S. Henry, d/b/a C. S. Henry Transfer 

915 Cokey Road 

Rocky Mount, North Carolina 

Tarboro, N. C, on March 23, 1950. 

John Hill Paylor, Examiner 



For the Applicant: 

Mr. James E. Wilson, Attorney at Law, Mayflower Office Building, 
Washington, D. C. 

For the Protestants: 

Mr. J. Ruffin Bailey, Attorney at Law, Bailey and Holding, At- 
torneys at Law, Raleigh, N. C. for Fredrickson Motor Express, 
Helms Motor Express and Miller Motor Express. 

The above case which was regularly calendared for hearing was re- 
ferred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: Applicant filed application under Section 7 of the 1947 
Truck Act, which said application was calendared for hearing at 10:00 
a. m. on March 23, 1950, in the Edgecombe County Courthouse, Tarboro, 
N. C. Applicant seeks a certificate under Section 7 of the 1947 Truck 
Act to transport general commodities except those requiring special 
equipment over irregular routes between points and places within a 125 
mile radius of Rocky Mount; between all points and places in the coun- 
ties of Edgecombe, Nash, Halifax and Wake on one hand, and Guilford, 
Davidson, Rowan, Mecklenburg, Gaston, Catawba, Caldwell, Iredell 
and Haywood on the other; from Fayetteville to Morven and Rocking- 
ham. 

Mr. M. Webster Henry, Manager for C. S. Henry Transfer, testified 



Decisions and Adjustments of Complaints 255 

that the application and the exhibits attached thereto were prepared 
under his instructions and from records made of the 1946 operations. Ap- 
plication, exhibits attached thereto, temporary authority dated October 
28, 1948, and exhibit attached thereto, exceptions filed December 13, 1948, 
and revised temporary authority dated January 13, 1949, with exhibit 
attached thereto were offered in evidence supporting grandfather appli- 
cation. Applicant was cross-examined by protestants. Protestants offered 
no evidence. Applicant and protestants waived the filing of proposed 
findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and formal certificate issued to the applicant in accordance 
with said findings and order. 

Issued by order of the Commission. 

This 18th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-293 Claude S. Henry, d/b/a C. S. Henry Transfer 
915 Cokey Road 
Rocky Mount, North Carolina 

EXHIBIT B General Commodities except those requiring spe- 

cial equipment over irregular routes between all 
points and places within a 125 mile radius of 
Rocky Mount; between all points and places in 
the counties of Edgecombe, Nash, Halifax and 



.2:56 N. C. Utilities Commission 



Wake on one hand, and Guilford, Davidson, Ro- 
wan, Mecklenburg, Gaston, Catawba, Caldwell, 
Iredell and Haywood on the other; from Fayette- 
ville to Morven and Rockingham. 



DOCKET NO. T-204 

APPLICATION OF: J. T. Hill, d/b/a J. T. Hill Transfer, Fairmont, N.C. 

HEARD IN: Raleigh, North Carolina, on June 2, 1949 

BEFORE: Fred C. Hunter, R. G. Johnson, and Edward H. 

McMahan, Commissioners 

APPEARANCES: 

For the Applicant: 

William T. Hatch, Attorney at Law, Raleigh, North Carolina 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C. 
for Fredrickson Motor Express Corporation, Miller Motor Express, 
and Helms Motor Express 

The applicant, upon call of this cause for hearing, introduced in evi- 
dence the original application with the exhibits thereto attached and a 
temporary authority issued by the Commission with the exhibits thereto 
attached. The applicant also offered oral testimony to the effect that 
said applicant was engaged in the transportation business by truck for 
compensation throughout the year 1946, and continuously since that 
time, and that said applicant owned in the beginning of 1947, four (4) 
tractor trailer units and has owned and operated the same number of 
units since that time. It further appears that the applicant has a net 
worth of approximately $85,000. The report of operations filed by the 
applicant as Exhibit 3 in his original application shows the transporta- 
tion of commodities in 1946, including January of said year, either to 
or from the counties of Rockingham, Guilford, Wake, Duplin, Robeson, 
Bladen, Columbus and New Hanover. 

Protestants offered no testimony. 

Upon consideration of the application and exhibits attached thereto 
and upon consideration of the testimony offered in said hearing, the 
Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 



Decisions and Adjustments of Complaints 



257 



(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached: 

IT IS. THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal cer- 
tificate be issued to said applicant in accordance with the findings and 
order herein. 

Issued by order of the Commission. 



This 6th day of June, 1949. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 



Attest: 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-204 J. T. Hill, d/b/a 

J. T. Hill Transfer, 

Irregular route common carrier, 

Fairmont, North Carolina 



EXHIBIT B 



General commodities, except those requiring spe- 
cial equipment, over irregular routes, between 
points within a radius of thirty (30) mile of Fair- 
mont, N. C; from said area to points in the coun- 
ties of Rockingham, Guilford, Wake, Duplin, Robe- 
son, Bladen, Columbus, and New Hanover; and 
from points in said counties to points within the 
radius of thirty (30) miles of Fairmont. 



DOCKET NO. T-140, SUB 1 

ORDER 

APPLICATION OF: Albert E. and James W. Hill, d/b/a 
Hill's Truck Line 
Murfreesboro, North Carolina 



258 N. C. Utilities Commission 

HEARD IN: Raleigh, North Carolina, on June 9, 1949. 

BEFORE: Chairman Stanley Winborne and Commissioner 

Fred C. Hunter 

The application in the above case is for an amendment to the operat- 
ing authority of said applicants to include the right to transport agri- 
cultural commodities and building materials as described in Groups 6 and 
10 of the Commission's Rules and Regulations for the Administration and 
Enforcement of the North Carolina Truck Act and to include further 
the transportation of baskets and crates and materials used in the manu- 
facture of baskets and crates. The amendment is to authorize the trans- 
portation of the commodities above-named beween Murfreesboro on the 
one hand and points and places throughout the State of North Carolina 
on the other hand. Said application was filed under the provisions of 
Section 11 of the North Carolina Truck Act and due notice given to 
other carriers as required by said Section. No protests were filed to the 
application, and no protestants appeared at the hearing. 

Mr. Albert E. Hill, one of the partners, testified in substance that 
shippers in and around Murfreesboro had, from time to time, made re- 
quests for the service proposed in this application; that he and his associ- 
ate, Mr. James W. Hill, were in position to provide this service to the 
extent set out in the application and would undertake to provide the 
same if such service is authorized by the Commission. A number of ship- 
per witnesses from Murfreesboro appeared at said hearing and testified 
in substance that they were familiar with the transportation needs in and 
around Murfreesboro and that the service proposed by the applicants 
would meet a substantial public demand and need and that the service 
proposed was not being adequately provided by any other authorized car- 
riers. There being no protests to the application, it is not deemed neces- 
sary to further recapitulate the testimony, and the Hearing Commissioners 
are of the opinion and find that public convenience and necessity has 
been shown for the proposed operation. 

IT IS, THEREFORE, ORDERED: 

1. That the applicants be, and are hereby, granted authority to 
operate as a common carrier in intrastate commerce over irregular routes 
in the transportation of the commodities described within the territory 
described, as particularly set out in said Exhibit B, subject to the follow- 
ing conditions: 

(a) That the operations under the authority herein granted shall 
begin withm 30 days from the date hereof, and shall not thereafter be 
suspended or discontinued without notice to and written consent from 
the Commission. 

(b) That within 30 days from the date hereof, and before beginning 
operations, the applicant shall (1) file with the Commission on Form 
N. C. M. C. 19 a full and comp-ete description of each truck, tractor and 
trailer to be used in the operation, (2) file with the Commission certifi- 
cates of insurance on Forms N. C. M. C. 22 and 23, and (3) print and 



Decisions and Adjustments of Complaints 



259 



file with the Commission tariffs, as required by Section 25 (2) of said 
Truck Act, showing all rates and charges to be made for or in connec- 
tion with the transportation services herein authorized. 

2. That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the find- 
ings and order herein within the time allowed by law. 

Issued by order of the Commission. 

This 19th day of July, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-140, SUB 1 



EXHIBIT B 



Albert E. and James W. Hill, d/b/a Hill's 
Truck Line, irregular route common car- 
rier, Murfreesboro, North Carolina 
Transportation over irregular routes be- 
tween Murfreesboro on one hand and 
points and places throughout the State on 
the other hand of agricultural commodi- 
ties, including unmanufactured farm, 
dairy and orchard products, wheat, corn, 
oats, peanuts, potatoes, melons, fruits, veg- 
etables, cotton seed, cotton seed and hulls, 
seeds, feeds, poultry, eggs and other farm 
produce; building materials, including 
lumber, rough or dressed, flooring, weath- 
erboarding, sheeting, roofing, cut stone, 
slats, tile, cement and cinder blocks and 
other building materials usually trans- 
ported in flat-bed trucks; baskets and 
crates and materials used in the manufac- 
ture of baskets and crates. 



APPLICATION OF: 
HEARD IN: 
BEFORE: 

APPEARANCES: 



DOCKET NO. T-170 

FINAL ORDER 

J. C. Hoard, Tarboro, North Carolina 

Raleigh, North Carolina, on May 30, 1949 

Fred C. Hunter, R. G. Johnson, and Joshua S. 
James, Commissioners 



For the Applicant: 

H. D. Hardison, Attorney at Law, Tarboro, North Carolina 

No Protestants: 



260 N. C. Utilities Commission 

The above application came on for hearing and was heard without 
protest or opposition. The applicant filed no exceptions to the temporary 
authority, and testified at the hearing that said temporary authority 
fairly represented the nature and scope of his operations on January 1, 
1947, and subsequent to that time. In addition to the oral testimony 
offered, the applicant offered in, evidence the application and temporary 
authority issued to him by the Commission. 

Upon consideration of the application and the testimony offered in 
support thereof, the Commission finds: 

( 1 ) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a formal 
certificate be issued to said applicant in accordance with the findings 
and order herein. 

Issued by order of the Commission. 

This 1st day of June, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Com,missioner 
Attest: 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-170 J. C. Hoard, Irregular route common carrier, 
Tarboro, North Carolina 

EXHIBIT B General commodities, except those requiring 

special equipment, over irregular routes between 
points and places within a radius of fifty (50) 
miles of Tarboro, North Carolina. 



Decisions and Adjustments of Complaints 261 

DOCKET NO. T-655 

ORDER 

APPLICATION OF: Ed F. Hodges, 116 Trinity Street, Fairmont, North 
Carolina 

HEARD IN: Raleigh, N. C, September 1, 1949. 

BEFORE: Fred C. Hunter, Robert Grady Johnson and Ed- 

ward H. McMahan, Commissioners 

APPEARANCES: 

For the Applicant: 

F. W. Floyd, Attorney at Law, Fairmont, N. C. 

For the Protestants: 

Vaughan S. Winborne, Attorney at Law, Raleigh, N. C. for Reliable 
Transport, Inc., Southern Oil Transportation Co., Terminal City 
Oil Company, Starr Oil Company, Eastern Oil Transport, Hinson 
Transport. 

McMAHAN, COMMISSIONER: This is an application filed by Ed F. 
Hodges under Section 11 of the 1947 North Carolina Truck Act for a 
certificate of franchise to operate as a common carrier for the transpor- 
tation of petroleum products over irregular routes from terminals at 
Friendship, Morehead City, River Terminal, Salisbury, Thrift, Wilming- 
ton and Elizabeth City, North Carolina to points and places in North 
Carolina. 

The applicant offered testimony tending to show that he is in the oil 
distributing business and owns equipment consisting of truck tractors, 
trailer and tank cars, which he uses for the purpose of transporting pe- 
troleum products in his own business. That in addition thereto he has 
transported petroleum products for other distributors located in a num- 
ber of the southeastern counties in the State of North Carolina, transport- 
ing the same under the rights of other franchise carriers, and in certain 
instances transporting petroleum products which he, the applicant, had 
purchased at terminals and sold to distributors to whom the same was 
transported. 

A number of witnesses appeared in support of the applicant's appli- 
cation testifying that they were distributors of petroleum products, and 
that they were unable to get regular and prompt deliveries from the 
present franchised carriers operating in their sections, and for that 
reason it was necessary for them to call upon the applicant herein to 
make deliveries for them from terminals to their places of storage. 

From the evidence offered by the applicant it appeared to the Com- 
mission, and the Commission so finds it a fact, that the applicant failed to 
make out a case of convenience and necessity for which he would be 
entitled to a certificate to transport petroleum products over irregular 
routes from existing terminals to any point and place in the State of 
North Carolina, saving and excepting points and places in the Counties 



262 N. C. Utilities Commission 

of Robeson and Scotland, but that the Commission does find as a fact that 
the applicant has proven a case of convenience and necessity for which 
he should be allowed a certificate of franchise to transport said petroleum 
products, over irregular routes and in tank cars from terminals at Friend- 
ship, Morehead City, River Terminal, Salisbury, Thrift, Wilmington and 
Elizabeth City, to points and places in the counties of Robeson and Scot- 
land in the State of North Carolina. 

IT IS, THEREFORE, ORDERED: 

That the application filed by the applicant herein be and the same is 
hereby approved to the extent that he be, and he is hereby allowed the 
right to transport petroleum products over irregular routes between 
terminals located at Friendship, Morehead City, River Terminal, Salis- 
bury, Thrift, Wilmington and Elizabeth City to points and places in 
Robeson and Scotland Counties in the State of North Carolina. 

IT IS FURTHER ORDERED that a certificate be issued to said appli- 
cant for the same under Section 11 of the 1947 North Carolina Truck Act; 
and that a copy of this Order be mailed to the applicant, and to the 
applicant's attorney, and a copy to the attorney for the protestants. 

Issued by order of the Commission. 

This 22nd day of September, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



DOCKET NO. T-141 

ORDER 

APPLICATION OF: Hoffler & Boney Transfer Company, Inc. 
Wallace, North Carolina 

HEARD IN: Raleigh, North Carolina, on May 4, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

Ruark & Ruark, Attorneys at Law, Raleigh, North Carolina 

For the Protestants: 

J. Ruffin Bailey, Attorney at Law, Raleigh, North Carolina for 
Fredrickson Motor Express Corporation, Helms Motor Express, 
and Miller Motor Express 

Upon call of the above application for hearing, the applicant offered 
in evidence the application along with exhibits thereto attached and 
made a part thereof, and rested. Protestants offered no testimony but 
moved that the application be dismissed, which motion was overruled 
and protestants excepted. 



Decisions and Adjustments of Complaints 263 

The filing of proposed findings of fact and briefs was waived by all 
parties present at the hearing. 

Upon consideration of the application, and including exhibts thereto 
attached and made a part thereof, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report, that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicant in accordance with the findings 
and order herein. 

Issued by order of the Commission. 

This 13th day of May, 1949. 

Stanley Winborne, Chaii7nan 
Fred C. Hunter, Covtmissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Comm-issioner 
Edward H. McMahan, Coinmissioner 

Attest: 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-141 Hoffler & Boney Transfer Company, Inc., irregular 

route common carrier, Wallace, North Carolina 
EXHIBIT B General Commodities, except those requiring 

special equipment, over irregular routes between 
points and places within the counties of Surry. 
Guilford, Randolph, Moore, Wake, Edgecombe, 
Wayne, Sampson, Duplin, Onslow, Pender and 
New Hanover 



264 N. C. Utilities Commission 

DOCKET NO. T- 142 

ORDER 

APPLICATION OF: W. R. Holland and R. B. Holland 

d/b/a Holland Transfer Company 
Salisbury Road, Statesville, North Carolina 

HEARD IN: Raleigh, North Carolina, November 15, 1949 

BEFORE: Joshua S. James, Commissioner 

APPEARANCES: 

For the applicant: 

William M. York, York & Boyd, Attorneys at Law, Greensboro, N.C. 

For the protestant: 

J. Ruffin Bailey, Bailey & Holding, Attorneys at Law, Raleigh, N.C. 
Representing Fredrickson Motor Express 

JAMES, COMMISSIONER: This case comes before the Commission 
upon an application filed by the applicant on September 23, 1947, under 
the provisions of Section 7 of the North Carolina Truck Act, in which 
authority was sought to operate as a common carrier in intrastate com- 
merce in the transportation of general commodities by motor vehicle over 
irregular routes between "points and places in Iredell County and from 
points and places in Iredell County to points and places in the State of 
North Carolina, and from said designated points and places to points 
and places within a radius of fifty miles of Statesville." Protest to the 
granting of the application was filed in apt time by the Fredrickson 
Motor Express. 

Pending the issuance of a final order in the matter the Commission, 
on September 9, 1948, granted temporary authority to the applicant to 
transport general commodities, except those requiring special equipment, 
over irregular routes between points and places within a radius of 
seventy-five miles of Statesville and from Statesville to Durham and 
Raleigh. 

To said temporary authority the applicant filed exceptions on October 
14, 1948, in which it was requested that the temporary authority be 
revised so as to permit applicant to transport shipments of general com- 
modities originating at Statesville to all points and places in the State, 
and pointing out that the applicant's report of 1946 operations as sub- 
mitted with the application, Exhibit 3, showed shipments from States- 
ville to at least thirty-five cities well distributed over the entire State 
from east to west. It was further requested that the temporary authority 
be revised to permit applicant to transport household goods, office furni- 
ture and store fixtures between all points and places in the State, in 
support of which request applicant attached a report showing move- 
ments of such commodities in shipments handled by applicant during the 
year 1946 between rather widely distributed points and places throughout 
the State. 



Decisions and Adjustments of Complaints 265 

Thereafter on December 15, 1948, the Commission issued to the 
applicant a revised temporary authority permitting the transportation 
of household goods, new furniture, storage and office fixtures over 
irregular routes as follows: Between points and places in the counties of 
Pasquotank, Wake, Richmond, Buncombe and Iredell; from all points 
and places m the counties of Halifax, Polk and McDowell to Statesville; 
from Statesville to all points and places in the counties of Haywood, An- 
son, Randoph, Guilford, Rockingham, Alamance, Moore, Scotland, Lee, 
Durham, Robeson, Cumberland, Harnett, Johnston, Columbus, Wilson, 
Wayne, Duplin, New Hanover, Lenoir, Nash, Edgecombe, Martin, Bertie, 
Craven and Chowan. As to other general commodities except those re- 
quiring special equipment, the revised authority permitted transportation 
over irregular routes between points and places within a radius of 
seventy-five miles of Statesville. On March 1, 1949, the Commission 
further authorized the applicant to operate throughout the State until 
further notice in the transportation of household goods only. 

Upon the calling of the case for hearing the attorney for protestant 
stated that the protest was intended to apply to general commodities 
only. Counsel for the applicant then identified and offered in evidence the 
application with exhibits thereto attached, the temporary authority 
with exceptions filed thereto and the revised temporary authority. Coun- 
sel for the protestant objected to the introduction of the exceptions and 
the revised temporary authority, which objection was overruled, an ex- 
ception being noted, and all the matter received in evidence. 

Mr. R. B. Holland, a member of the applicant partnership, then took 
the witness stand and testified in substance that the report of opera- 
tions of his company as filed in the form of exhibits with the original 
application and with the exceptions filed to the original temporary 
authority were representative of his company's bona fide operations as 
a common carrier for the period and within the territory covered. 

After full consideration of all the evidence the hearing Commissioner 
is of the opinion and so finds as a fact, 

1. That the application herein was properly filed under the pro- 
visions of Section 7 of the North Carolina Truck Act in apt time and 
otherwise in compliance with the said Act. 

2. That the intrastate carrier operations of the applicant within 
the territory to be granted were reasonably frequent and continuous 
throughout the period covered by the report of operations filed with and 
made a part of the application and that the applicant was in bona fide 
operation as a common carrier by motor vehicle on and before January 
1, 1947, and has so operated since that time. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be, and is hereby, authorized to operate as a 
common carrier by motor vehicle over irregular routes in intrastate 
commerce in the transportation of that property to, from and between 
those points and places and within that territory specifically set out in 
Exhibit B hereto attached and made a part hereof. 



266 



N. C. Utilities Commission 



2. That a copy of the findings and order herein be sent to the 
applicant, the applicant's attorney and the attorney for protestant, and 
that a formal franchise certificate be issued to the applicant in accordance 
herewith. 

Issued by order of the Commission. 

This 28th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 

EXHIBIT B 



DOCKET NO. T-142 



W. R. and R. B. Holland 
d/b/a Holland Transfer Company 
Statesville, N. C. 



COMMODITY DESCRIPTION General commodities except those re- 
quiring special equipment. 



TERRITORY DESCRIPTION 



COMMODITY DESCRIPTION 



TERRITORY DESCRIPTION 



Irregular routes from Statesville to 
points and places in the State. Between 
points and places within the counties of 
Cleveland, Burke, Avery, Watauga, 
Caldwell, Catawba, Lincoln, Gaston, 
Ashe, Wilkes, Alexander, Iredell, Meck- 
lenburg, Union, Cabarrus, Rowan, Davie, 
Yadkin, Alleghaney, Surry, Stokes, For- 
syth, Davidson and Stanly. 

Household goods, new furniture, storage 
and office fixtures. 

Irregular routes between all points and 
places within the State. 



DOCKET NO. T-719 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
Application of Home Distributing Company, Ayden, N. C. 
for authority to transport liquid petroleum products in bulk 
over irregular routes from all existing originating petroleum 
terminals at or near Wilmington, River Terminal, Morehead : ORDER 
City, Thrift, Salisbury, and Friendship to be delivered at all 
points and places within the following counties: Pitt, Lenoir, 
Greene, Wayne, Wilson, Edgecombe, and Martin. 

HEARD IN: Court Room of the Commission, Raleigh, North Carolina, 
on June 19, 1950, at 10:00 o'clock A. M. 



BEFORE: 



H. T. Westcott, Commissioner. 



Decisions and Adjustments of Complaints 267 

APPEARANCES: 

For the applicant : ;. 

Dink James, Attorney at Law, Greenville, N. C. 
Kenneth G. Hite, Attorney at Law, Greenville, N. C. 

For the Protestants: 
None. 

WESTCOTT, COMMISSIONER: This application was called for hear- 
ing in the Court Room of the Commission in Raleigh, North Carolina, 
on the 19th day of June, 1950, at 10:00 o'clock A.M. No protests were 
filed to the granting of this application nor were any protestants present 
or represented at said hearing. 

The applicant seeks authority to transport, as a common carrier, 
over irregular routes, shipments of liquid petroleum products in bulk 
in tank trucks, more specifically defined as Group 3 Commodities in 
Exhibit B attached hereto and made a part hereof. The applicant pro- 
poses to originate shipments of liquid petroleum products, principally 
fuel oil, from all existing originating petroleum terminals at or near 
Wilmington, River Terminal, Morehead City, Thrift, Salisbury and Friend- 
ship and to make deliveries at all points and places within the counties 
of Pitt, Lenoir, Greene, Wayne, Wilson, Edgecombe, and Martin. 

Evidence offered by W. J. Bullock, witness for the applicant, was to 
the effect that the area proposed to be served was in the most highly 
concentrated tobacco production section of North Carolina; that the 
demand for fuel oil used for the curing of tobacco has rapidly increased 
each year and continues such increase, giving as an example that in 
1947 the Home Distributing Company handled 336,000 gallons of fuel 
oil, while in 1949 they handled 762,000 gallons, or approximately doubled 
the volume in the three-year period. The cause of this effect he attributed 
to dwindling supplies of wood for fuel for curing tobacco. In addition 
to the demands for petroleum products for curing tobacco, he stated that 
conversion of home heating appliances to fuel oil systems had created a 
strong demand during the winter and that facilities for the transporta- 
tion of petroleum products in the area were insufficient to meet the 
demands of the public. 

Witness Bullock explained the complex procedure of curing tobacco 
and stressed the necessity of an ample supply of fuel at the specific 
time the curing process begins and continues until completed. He further 
testified that the Home Distributing Company was distributor of Stan- 
dard Oil products and served a wide area of Pitt and adjoining counties. 

Testimony was offered by Witness Bullock concerning the financial 
status of the Home Distributing Company, of which he is an officer, 
and stated that the financial condition of the company is substantially 
the same at the time of the hearing as that submitted in support of the 
application. He also read into the record evidence of established credit 
with the Standard Oil Company and Wachovia Bank and Trust Company. 

The applicant offered as a witness Mr. Robert Johnson, who testified 



268 N. C. Utilities Commission 

that he distributed Pure Oil products in the Ayden area of North Caro- 
lina and that on numerous occasions he had difficulty in securing supplies 
due to the lack of adequate transportation facilities and that while rail- 
road transportation was available, it would entail heavy investments 
in storage tanks of which he and other small operators were not in a 
position to finance and construct, making it necessary that they have 
available frequent deliveries. 

F. M. Kilpatrick, representing himself as a farmer and a member of 
the State Legislature, testified that public necessity and convenience 
could be better served if the Home Distributing Company's application 
were given favorable consideration by the Commission and that on 
various occasions he had experienced difficulty in securing adequate 
fuel oil supplies for his operations as a farmer. 

In addition to the oral testimony, as related in the foregoing, properly 
executed affidavits from J. G. Clark, who deposes and says that he is the 
fuel distributor for Sinclair Oil Company in the Greenville area; from 
Leon Moore, Greenville, N. C, who deposes and says that he is the 
distributor for Atlantic Refining Company; and Curtis Witherington, 
Epworth, N. C, representing himself as handling some 200,000 gallons 
of fuel through his service station, each recommended the granting of 
the application of Home Distributing Company on the basis of the need 
for additional transportation facilities for the commodities the applicant 
proposes to transport. 

Upon consideration of the evidence of the record in the case in sup- 
port of the application, it is found as a fact: 

1. That convenience and necessity has been shown for the need of 
an irregular route common carrier of liquid petroleum products in the 
area covered by the application; 

2. That the applicant is able and willing to provide satisfactory 
service. 

IT IS, THEREFORE, ORDERED: 

1. That the application be, and the same is hereby, granted; 

2. That a formal certificate be prepared and issued to said applicant 
as required by the provisions of the North Carolina Truck Act, including 
the routes and operating rights particularly described in Exhibit B at- 
tached hereto and made a part hereof. 

3. That this order shall not become final until the applicant has 
complied with all the rules and regulations of this Commission applicable 
to the rights and privileges herein granted. 

Issued by order of the Commission. 

This 27th day of June, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 269 

DOCKET NO. T-719 Home Distributing Company, Ayden, N. C, com- 
mon carrier over irregular routes. 

EXHIBIT B 

COMMODITY DESCRIPTION: Group 3. Liquid Petroleum Products in 

Bulk, including gasoline, kerosene, fuel 
oil, and other petroleum derivatives in 
bulk or tank trucks. 

TERRITORY DESCRIPTION: From all existing originating petroleum 

terminals at or near Wilmington, River 
Terminal, Morehead City, Thrift, Salis- 
bury, and Friendship to all points and 
places within the following counties: 
Pitt, Lenoir, Greene, Wayne, Wilson, 
Edgecombe, and Martin. 



DOCKET NO. T-144 

ORDER 

APPLICATION OF: C. A. Home, Wilmington, North Carolina 

HEARD IN: Raleigh, North Carolina, on May 18, 1949 

BEFORE: Fred C. Hunter and Joshua S. James, Commis- 

sioners 

APPEARANCES: 
For the Applicant: 

James E. Wilson, Transportation Building, Washington, D. C. 

For the Protestants: 

Vaughan S. Winborne, Attorney at Law, Raleigh, N. C. for Re- 
liable Transport, Inc., Southern Oil Transportation Company, 
Terminal City Oil Company, Star Oil Company, Eastern Oil Trans- 
port, and Hinson Transport Company 

The applicant herein seeks authority under Section 7 of the North 
Carolina Truck Act to transport petroleum products in bulk in tank 
trucks from existing originating terminals to points and places through- 
out the State. Upon an analysis of the operations shown in the applica- 
tion, the Commission according to its practice in such cases issued to said 
applicant temporary authority as required by Section 10 of said Act. 
Thereupon the applicant in due time filed exceptions with the Commis- 
sion to the restricted territory set out in said temporary authority and 
demanded a hearing before the Commission, upon the contention that 
his operations, as shown by the application, covered a very wide area 
of the State and that said operations were of such a highly specialized 
character as to justify and require state-wide operating authority. In 
support of this contention the applicant offered his application in evi- 
dence along with the exhibits thereto attached and made a part thereof. 



270 N. C. Utilities Commission 

and also offered oral testimony as to the character and scope of his op- 
erations in 1946, and subsequent to that time. It appears from the appli- 
cation offered in evidence and from the oral testimony offered at the 
hearing that said applicant has consistently operated over the greater 
part of the State in the transportation of petroleum products, and that 
the application and the oral testimony well justify state-wide operating 
authority. 

The protestants offered no testimony, but at the close of the evidence 
for applicant moved that the application be dismissed, which motion was 
overruled and protestants excepted. 

Upon consideration of the application and the testimony offered, the 
Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicant in accordance with the findings and 
order herein. 

Issued by order of the Commission. 

This 28th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, ComTnissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 

Attest: 

Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 271 

DOCKET NO. T-144 C. A. Home, irregular route common carrier, 
Wilmington, North Carolina 

EXHIBIT B Petroleum products in bulk, in tank trucks, over 

irregular routes from existing originating termi- 
nals at or near Wilmington, Morehead City, River 
Terminal, Thrift, Friendship, and Salisbury, to 
points and places throughout the State. 



DOCKET NO. T-62 

FINAL ORDER 

APPLICATION OF: T. Grover Howell, d/b/a 
Howell Transfer Company 
West Graham Street 
Shelby, North Carolina 

HEARD IN: Raleigh, North Carolina, on May 17, 1949 

HEARD BEFORE: Fred C. Hunter, Joshua S. James, R. G. Johnson, 
and Edward H. McMahan, Commissioners 

APPEARANCES: 

For the Applicant 

L. T. Hamrick, Attorney at Law, Shelby, North Carolina 

For the Protestants 

I. M. Bailey, Attorney at Law, Raleigh, North Carolina 

Upon the call of this case for hearing, the applicant offered in evi- 
dence the application, along with the exhibits thereto attached and made 
a part thereof, and offered in evidence the temporary authority issued 
to said applicant by the Commission and further offered in evidence 
certain exhibits filed in support of exceptions made by applicant to said 
temporary authority, which said exhibits showed commodities trans- 
ported and territory served in the transportation of said commodities 
during the year 1946. The applicant contended that the operations 
shown by said exhibit warranted the Commission in granting to him 
more extensive operating rights than those shown in his temporary 
authority. The applicant offered oral testimony in explanation of the 
exhibits so filed and in explanation of the other exhibits and docu- 
mentary evidence above referred to. 

Protestants offered no testimony but made certain motions at the 
close of the hearing which the Commission understands to be in sub- 
stance as follows: 

(1) Motion to dismiss application insofar as same is based upon 

exhibits and testimony in support of exceptions filed to the 
temporary authority. 

(2) Motion to dismiss application as to all rights sought beyond 

the scope of the temporary authority. 



272 N. C. Utilities Commission 

(3) Motion to dismiss application in its entirety. 

Said motions were overruled and protestants excepted. 

Upon consideration of the application and the exhibits offered in 
support thereof and upon consideration of the exceptions filed by the 
applicant to said temporary authority and the exhibits and oral testimony 
in support thereof, the Commission is of the opinion and finds that the 
temporary authority issued to said applicant does not fairly represent 
the nature and scope of his operations on January 1, 1947, and subsequent 
to that time, in that, said operations were and are now more general in 
scope and character than shown and authorized by said temporary 
authority, and the Commission further finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said section, 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, the applicant's attorney and to counsel as appears of record for 
protestants, Fredrickson Motor Express Corporation, Helms Motor Ex- 
press and Miller Motor Express; and that a certificate be issued to said 
applicant in accordance with the findings and order herein. 

Issued by order of the Commission. 

This 18th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 

Attest: 

Myrtha Fleming, Chiej Clerk 



Decisions and Adjustments of Complaints 



273 



DOCKET NO. T-62 T. Grover Howell, d/b/a Howell Transfer Com- 
pany, irregular route common carrier, Shelby, 
North Carolina 



EXHIBIT B 



General commodities except those requiring spe- 
cial equipment but including family moving over 
irregular routes to, from and between points and 
places within a radius of twenty-five (25) miles of 
Shelby. 

From points and places within a radius of twenty- 
five (25) miles of Shelby to points and places in 
North Carolina bounded on the west by U. S. High- 
way 221 and on the east by U. S. Highway 220, 
and from points and places in said area to points 
and places within a radius of twenty-five (25) 
miles of Shelby. 



DOCKET NO. T- 145 



APPLICATION OF: 



HEARD IN: 



BEFORE: 



APPEARANCES: 



ORDER 

Peck T. Huffman, d/b/a P. T. Huffman Transfer 
Greensboro, North Carolina 

Raleigh, North Carolina, on June 17, 1949, and 
September 2, 1949 

Commissioners R. G. Johnson, Joshua S. James 
and Fred C. Hunter 



For the Applicant: 

William M. York, Attorney at Law, Greensboro, North Carolina 

For the Protestants: 

I. M. Bailey and J. Ruffin Bailey, Attorneys at Law, Bailey and 
Holding, Raleigh, North Carolina 

HUNTER, COMMISSIONER. By this application the applicant seeks a 
certificate under the North Carolina Truck Act of 1947, authorizing the 
transportation of property in general, or general commodities, in both 
regular route and irregular route operations as follows: 

Regular Routes 

From Greensboro to Winston-Salem over U. S. Highway 
421 to Kernersville, thence over N. C. Highway 150 to its 
intersection with U. S. Highway 311, thence over U. S. High- 
way 311 to Winston-Salem, thence over U. S. Highway 311 to 
High Point, thence over U. S. Highway 29 to Greensboro, 
and return serving all intermediate points. 



274 N. C. Utilities Commission 

Irregular Routes 
Between points and places in the counties of Forsyth, 
Guilt'ord, Davidson, Randolph, Alamance, Orange, Durham, 
Wake, Chatham and Lee. 

The application as originally filed with the Commission on Septem- 
ber 23, 1947, was filed under, and specifically referred to, Section 7 of 
said Truck Act, and contained the data required by said Section 7. It 
did not specifically refer to Section 9, and did not contain the data re- 
quired by Section 9, but did refer to the applicant's service in the 
United States Army as follows: "The applicant started in the transporta- 
tion business in 1941 and has operated continuously since that time ex- 
cept for a period from September 1943 to January 1946 during which 
time he was in the U. S. Army." The applicant claims the right to a 
certificate under the provisions of both Sections 7 and 9 of said Truck 
Act. 

On May 13, 1948, the Commission issued to said applicant temporary 
authority as required by Section 10 of said Act, along with instructions 
for filing exceptions to said temporary authority. Within the time fixed 
by the Commission for filing exceptions, the applicant filed exceptions 
to said temporary authority claiming more extensive operating rights 
than those set out in said temporary authority, and in support thereof 
asserted his right to a certificate under the provisions of both Sections 7 
and 9, and filed wih the Commission the data required by said Section 
9 and asked the Commssion to consider said application as if originally 
filed under both of said Sections. Said temporary authority was accord- 
ingly revised and reissued on February 7, 1949, granting to the appli- 
cant, pending the hearing and final decision, such operating rights as 
appeared to be warranted upon the additional information and data as 
then appeared of record under both Sections 7 and 9. 

When the cause came on for hearing on June 17, 1949, the applicant 
offered in evidence the application with the exhibits thereto attached 
and made a part thereof, and also offered in evidence the revised tempo- 
rary authority issued to said applicant by the Commission. The appli- 
cant also offered oral testimony to the effect that he was engaged in 
regular route operations as set forth in said application during 1946, 
was so operating on January 1, 1947, and had continued to so operate 
since that time. The protestants objected to any testimony in support of 
the applicant's claim for operating rights by virtue of the provisions of 
Section 9 of the Truck Act, which objection was sustained, and the appli- 
cant excepted. 

Protestants offered no testimony but moved that the application be 
dismissed, which motion was overruled and the protestants excepted. 

Thereafter, and before rendering any decision on the application, the 
Commission upon its own motion reversed its ruling with respect to evi- 
dence in support of the applicant's claim to operating rights under Section 
9, and after notice to all parties, set the matter for further hearing on 
September 2, 1949, at which time the applicant appeared before the 



Decisions and Adjustments of Complaints 275 

Commission and testified over objections of protestants that he was 
regularly engaged as a common carrier in the transportation of property 
by motor vehicle from the year 1941 until June 6, 1942, at which time 
he entered the armed services of the United States; that his wife con- 
tinued said transportation business as a common carrier until September 
15, 1943, at which time said service was abandoned because of her in- 
ability to carry on the service in the absence of the applicant who was 
then in the United States Army; that the applicant was discharged from 
the United States Army on January 28, 1946, and resumed his operations 
on March 2, 1946, that his operation during the remainder of 1946 was 
over same regular routes as described in his application, and that his 
irregular route service was the same as that described in his applica- 
tion but somewhat more limited in the movement of freight between 
certain points, for the reason that other carriers during his period of 
service with the United States Army had obtained much of his former 
transportation business. 

Attached to the application filed on September 23, 1947, is a detailed 
report of the applicant's operations during the calendar months of Oc- 
tober, November and December 1946, showing shipments handled during 
said period, giving each shipment, the date, the point of origin, point 
of destination, description of the commodity, its weight, and the revenue 
received. Said report shows approximately two hundred (200) different 
shipments handled during each of the months of October and November, 
and approximately three hundred (300) shipments handled during the 
month of December 1946, all of which during the three months' period 
originated in Greensboro or Winston-Salem, with the exception of two 
shipments; one of these was originated in Siler City and the other in 
High Point. A large portion of said shipments were delivered in Guil- 
ford and Forsyth Counties, and necessarily moved over the regular routes 
applied for as hereinabove set out. Said report shows many shipments 
during said three months' period moved from said counties to points and 
places in the counties of Davidson, Randolph, Alamance, Orange, Durham, 
Wake, Chatham and Lee. An analysis of said report well justifies the 
conclusion that said applicant was performing regular route service in 
1946, over the regular routes for which application is made, and was 
performing irregular route service between Forsyth County and Guil- 
ford County on one hand and Davidson, Randolph, Alamance, Orange, 
Durham, Wake, Chatham and Lee Counties on the other hand. 

The data filed with the Commission on which the applicant claims 
operating rights under Section 9, and the testimony of the applicant with 
respect to his operating rights under Section 9 is not at variance with 
the data and the testimony with respect to the applicant's operating rights 
under Section 7. The originating territory and destination territory from 
and to which the applicant actually operated in 1946, is the same as that 
from and to which the applicant testified he operated at the time said 
service was abandoned in 1943, and it further appears that all the 
shippers served by the applicant at the time said operation was aban- 
doned were located either in Greensboro or Winston-Salem. 



276 N. C. Utilities Commission 

Upon consideration of all the testimony, the Commission finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Act 
and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier by motor vehicle in intrastate commerce during the last three months 
of 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

3. That the applicant was regularly engaged in the transportation 
business as a common carrier on and prior to June 6, 1942, at which 
time he entered the United States Army, and that his transportation 
business was thereafter abandoned for that reason on September 15, 1943, 
and that his said transportation business at the time the same was aban- 
doned was substantially the same as that shown by his report of opera- 
tions for the last three months of 1946. 

4. That the operations abandoned in 1943 and the operations per- 
formed in 1946, were reasonably frequent and continuous as a regular 
route operation over the routes described in Exhibit A hereto attached, 
and were reasonably frequent and continuous as an irregular route 
operation between points and places in Forsyth and Guilford Counties on 
the one hand and Davidson, Randolph, Alamance, Orange, Durham, 
Wake, Chatham and Lee Counties on the other hand, as set out in 
Exhibit B hereto attached. . 

IT IS, THEREFORE, ORDERED: 

A. That the applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit A and B hereto attached. 

B. That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof mailed to counsel for protestants, and 
that a formal certificate be issued to the applicant granting the operat- 
ing rights set out in said Exhibits A and B. 

Issued by order of the Commission. 

This 7th day of October, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-145 Peck T. Huffman, d/b/a P. T. Huffman Transfer, 
regular route and irregular route common carrier, 
Greensboro, North Carolina 

EXHIBIT A General commodities, except those requiring spe- 

cial equipment 

Regular Routes 
From Greensboro to Winston-Salem over U. S. 



Decisions and Adjustments of Complaints 



277 



EXHIBIT B 



(1) 



(2) 



(3) 



Highway 421 to Kernersville, thence over N. C. 
Highway 150 to its intersection with U. S. High- 
way 311, thence over U. S. Highway 311 to Win- 
ston-Salem, thence over U. S. Highway 311 to High 
Point, thence over U. S. Highway 29 to Greens- 
boro, and return over same route serving all inter- 
mediate points. 

General commodities, except those requiring spe- 
cial equipment. 

Irregular Routes 
Between points and places in the counties of Guil- 
ford and Forsyth. 

From points and places in the counties of Guilford 
and Forsyth to points and places in the counties 
of Davidson, Randolph, Alamance, Orange, 
Durham, Wake, Chatham and Lee. 
Points and places in the counties of Davidson, Ran- 
dolph, Alamance, Orange, Durham, Wake, Chat- 
ham and Lee to points and places in the counties 
of Guilford and Forsyth. 



DOCKET NO. T-235 

FINAL ORDER 

APPLICATION OF: L. L. Hunsucker and J. L. Hunsucker, d/b/a 
L. L. Hunsucker and Son 
407 Frye Avenue 
Newton, North Carolina 



HEARD IN: 
BEFORE: 

APPEARANCES: 



Raleigh, North Carolina, on July 21, 1949 

Fred C. Hunter, Joshua S. James and R. G. John- 
son, Commissioners 



For the Applicant: 

Clarence Clapp, Jr., Newton, N. C. 

For the Protestants 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C. 
for Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a Helms 
Motor Express and Miller Motor Express 

HUNTER, COMMISSIONER: The above designated application was 
filed with the Commission on September 26, 1947, for authority to trans- 
port general commodities as a contract carrier from Newton to all points 
and places in North Carolina over irregular routes, said application being 
filed under Section 8 of the North Carolina Truck Act. Upon considera- 
tion of the application and the nature of the service performed, the Com- 



'278 N. C. Utilities Commission 

mission was of the opinion that the applicants misconstrued the nature 
of their operations, in that it appeared to be a common carrier operation 
instead of a contract carrier operation. The applicants were so advised 
and the application amended accordingly. 

Temporary authority was issued to the applicants by the Commission 
on September 16, 1948, authorizing operations as a common carrier pend- 
ing a final decision on the application, said temporary authority being 
issued as provided in Section 10 of the North Carolina Truck Act. 

Upon the call of the case for hearing, J. L. Hunsucker testified that he 
and his father, L. L. Hunsucker, had been engaged in the transportation 
of property by motor vehicle for-hire for many years prior to the year 
1947 and had continued to operate until the date of the hearing. He 
stated that the temporary authority issued by the Commission, and which 
was offered in evidence, fairly represented the nature and scope of the 
operations performed as of January 1, 1947, and continuously subsquent 
to that time; which temporary authority authorized operations as a com- 
mon carrier between points in the counties of Buncombe, Alexander, 
Catawba, Lincoln, Gaston, Iredell, Mecklenburg, Yadkin, Rowan, Union, 
Forsyth, Rockingham, Guilford, Alamance, Chatham, Durham, Gran- 
ville, Vance, Edgecombe, Hoke, Robeson and New Hanover. This wit- 
ness also testified that the applicants are now, and have been, operating 
according to a published tariff as required of common carriers and that a 
copy thereof is on file with the Commission. 

The application in this cause was offered in evidence, which applica- 
tion included, among other things, a report of each and every shipment 
handled by applicants during the months of October and August, 1946, 
as required by Section 7 (2-b) of said Truck Act; said report shows 54 
shipments handled during the month of October, 1946, said shipments 
varying in weight from 600 pounds to 20,000 pounds and consisting of a 
wide variety of commodities, including cotton, furniture, coal, boxes, 
household goods, rugs, cloth, rayon warps, excelsior and coke. The re- 
port for August, 1946, showed 69 shipments of approximately the same 
weight and character as shown by the report for October above referred 
to. All shipments shown to have been handled by the applicants during 
said months of August and October, 1946, either originated or terminated 
in Catawba County and, for the most part, appeared to be a one-way haul 
from points in Catawba County to points as far west as Buncombe 
County and as far east as Edgecombe County. Many shipments listed 
originated in Charlotte and terminated at points in Catawba County. 

The application also showed in some detail shipments handled by 
applicants during 1947, from which it appears that practically every 
movement, if not every movement, originated or terminated in Catawba 
County. 

Upon consideration of the application and the exhibits attached there- 
to and made a part thereof and upon consideration of the oral testimony 
offered by applicants at said hearing, the Commission is of the opinion 
and finds that said applicants were in bona fide operation in the trans- 



Decisions and Adjustments of Complaints 



279 



portation of general commodities as an irregular route common carrier 
prior to January 1, 1947, and have continued to so operate since that 
time but is of the opinion and finds that the temporary authority issued 
by the Commission is somewhat more favorable to applicants than is 
justified from the reports of operations which applicants have submitted. 
It appears that operations in the past have been limited almost exclusive- 
ly to movements to or between points in Catawba County and to ship- 
ments which either originated or terminated in Catawba County. 

The protestants offered no testimony. 
IT IS, THEREFORE, ORDERED: 

(a) That the applicants be, and are hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce over 
irregular routes within the territory particularly set out in Exhibit B 
hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to appli- 
cants and a copy thereof mailed to counsel for protestants, and that a 
formal certificate be issued to said applicants authorizing operations 
as set out in Exhibit B hereto attached. 

Issued by order of the Commission. 

This 2nd day of August, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-235 L. L. Hunsucker and J. L. Hunsucker, d/b/a L. L. 
Hunsucker and Son, irregular route common car- 
rier, Newton, North Carolina 



EXHIBIT B 



Transportation of general commodities, except 
those requiring special equipment: 

(1) Between points and places in Catawba Coun- 
ty. 

(2) From points and places in Catawba County 
to points and places throughout the State. 

(3) From points and places throughout the State 
to points and places in Catawba County. 



DOCKET NO. T-28 

FINAL ORDER 

APPLICATION OF: Clay Hyder, d/b/a 

Clay Hyder Trucking Line 
Hendersonville, North Carolina 



HEARD IN: 



Raleigh, North Carolina, on April 8, 1949 



280 N. C. Utilities Commission 

BEFORE: R. G. Johnson and Fred C. Hunter, Commissioners 

APPEARANCES: 

For the Applicant: 

Mr. Boyce A. Whitmire, Attorney at Law, Hendersonville, N. C. 

For the Protestants 

Mr. I. M. Bailey, Attorney at Law, Raleigh, N. C, for Fredrickson 
Motor Express Corporation, Miller Motor Express and Helms 
Motor Express 

Upon call of this application for hearing, the applicant offered in testi- 
mony the original application, together with exhibits thereto attached as 
a part thereof, and also offered in evidence the Commission's order 
granting temporary authority to the applicant. The applicant thereupon 
rested. Counsel for protestants, Fredrickson Motor Express Corporation, 
Helms Motor Express and Miller Motor Express, moved to dismiss the 
application, which motion was overruled and said protestants excepted. 
Protestants offered no testimony. 

Upon consideration of the application and the exhibits thereto at- 
tached, the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was m bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause and a formal 
certificate issued to the applicant in accordance with said findings and 
order. 



Issued this 11th day of April, 1949. 



Stanley Winborne, Chairraan 
Fred C. Hunter, Comvnissioner 
R. G. Johnson, Commissioner 



Decisions and Adjustments of Complaints 281 

Attest: 

Elsie G. Riddick, Chief Clerk 

DOCKET NO. T-23 Clay Hyder, d/b/a 

Clay Hyder Trucking Line 
Hendersonville, North Carolina 

EXHIBIT B General Commodities, except those requiring spe- 

cial equipment. 

Irregular Routes 
Between points and places within the following 
Counties: Cherokee, Swain, Haywood, Transyl- 
vania, Madison, Buncombe, Henderson, McDowell, 
Burke, Caldwell, Catawba, Gaston, Mecklenburg, 
Forsyth, Davidson, Guilford and Cumberland. 

DOCKET NO. T-538. SUB I 

APPLICATION OF: W. T. Inman, Administrator 
Estate of J. R. Inman, d/b/a 
Inman's Transfer 
Rowland, North Carolina 

HEARD IN: Laurinburg, N. C, February 24, 1950 

BEFORE: John Hill Pay lor, Examiner 

APPEARANCES: 

For the Applicant: 

Mr. F. L. Adams, Attorney at Law, Rowland, North Carolina. 

For the Protestants: 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc. 
and Forbes Transfer. 

This case, which was regularly calendared for hearing, was referred to 
John Hill Paylor under the 1949 Procedure Act. 

PAYLOR: Applicant filed application under Section 11 of the 1947 
Truck Act, which said application was calendared for hearing on Febru- 
ary 24, 1950, at 2:00 p. m. Applicant seeks authority to transport the 
commodities set out and described in Group 5 — solid refrigerated prod- 
ucts; Group 6 — agricultural commodities; Group 7 — Cotton in bales; 
Group 8 — fertilizer and fertilizer materials; Group 9 — forest products; 
Group 10 — building materials; Group 11 — livestock; Group 14 — dump 
truck operations; Group 16 — furniture factory goods and supplies; Group 
18 — family moving; Group 19 — household goods; Group 20 — unmanufac- 
tured tobacco and accessories; Group 22 — other specific commodities — 
any commodity listed under Docket No. T-538 and Certificate No. C-425 
not described with sufficient particularity in the above, said groups being 



;282 N. C. Utilities Commission 

more fully set out under Rule 10 of the Commission's Rules and Regula- 
tions for the Administration of the North Carolina Truck Act over ir- 
regular routes throughout the state of North Carolina. 

Mr. W. T. Inman, Manager of Inman's Transfer and Administrator of 
the estate of J. R. Inman, testified that many demands were made for 
the proposed service, that the same was not being performed in a satisfac- 
tory manner by the other carriers operating in the area, and that he is 
in a position to provide the service in a satisfactory manner if authorized 
by the Commission to do so. He further testified that he has equipment, 
the experience and the necessary financial means to provide the pro- 
posed service. The applicant offered three shipper witnesses: Mr. Lee 
Wood McCallum, Mr. Knox Singleton and Mr. J. Mack R. Bracey with 
respect to the need for the proposed service, all of whom are in business 
in Robeson County. Each of said witnesses testified that the service such 
as proposed by applicant was needed for the transportation of commodi- 
ties applied for and that from their experience, observation and knowl- 
edge the proposed service is greatly needed for the transportation of the 
commodities described in the application and if authorized that the 
service will be used by public. Applicant and each of the witnesses were 
cross-examined by the protestants. Protestants offered no evidence. Ap- 
plicant and protestants wavied the filing of proposed findings of fact 
and conclusions of law and briefs. 

Upon consideration of testimony set out herein, the Examiner is of 
the opinion and finds public convenience and necessity for the proposed 
service to the extent as set out in Exhibit B attached and made a part 
hereof and further finds that the applicant is qualified to perform the 
service to the extent set out in exhibit. 

IT IS, THEREFORE, ORDERED: 

(1) That the applicant be, and is hereby, granted authority to operate 
as a common carrier in intrastate commerce over irregular routes in the 
transportation of the commodities described within the territory described 
as particularly set out in Exhibit B subject to the following conditions: 

(a) That the operations under the authority herein granted shall 
begin thirty days from the date hereof, and which shall not hereafter 
be suspended or discontinued without notice to and written consent from 
the Commission. 

(b) That within thirty days from the date hereof, and before be- 
ginning operations, the applicant shall (1) file with the Commission on 
Form N. C. M. C. 19 a full and complete description of each truck, tractor 
and trailer to be used in the operation, (2) file with the Commission 
certificates of insurance on Forms N. C. M. C. 22 and 23, and (3) file 
with the Commission tariffs, as required by Section 25 (2) of the said 
Truck Act, showing all rates and charges to be made for and in connec- 
tion with the transportation services herein authorized. 

(2) That this cause be retained for such other or further orders as 



Decisions and Adjustments of Complaints 



283 



may be made upon consideration of exceptions, if any, filed to the find- 
ings and order herein within the time allowed by law. 

Issued by order of the Commission. 
This 9th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

DOCKET NO. T-538, Sub 1 W. T. Inman, Administrator 

Estate of J. R. Inman, d/b/a 
Inman's Transfer 
Rowland, North Carolina 



EXHIBIT B 



Transportation of solid refrigerated prod- 
ucts, Group 5, from points and places in 
Robeson County to Asheville, Mount Airy, 
Winston-Salem, Creedmor, Camp Butner, 
Charlotte, Gastonia and Rocky Mount; 
agricultural commodities, seed, Group 6, 
from Cleveland County to Rowland, N. C. 
and from points and places in Robeson 
County to Goldsboro, Wilmington, Lex- 
ington, High Point; West End, Winston- 
Salem, North Wilkesboro, Statesville and 
Shelby and return; cotton in bales, Group 
7, from points and places in Robeson 
County and Goldsboro to Tarboro, Roa- 
noke Rapids, Henderson, Roxboro, Oxford, 
Marion, Winston-Salem, Rocky Mount, 
Asheboro, Spray, and Hickory; fertilizer 
and fertilizer materials. Group 8, from 
Wilmington, N. C. to points and places in 
Robeson County, Wilson, Rocky Mount 
and Monroe; forest products, Group 9, 
points and places in Robeson County; 
building materials. Group 10, to points and 
places within Robeson County and from 
Asheville to Rowland; livestock. Group 
11, points and places in Robeson County, 
from Asheville to Rowland and from 
Charlotte to Rowland; dump truck opera- 
tions, Group 14, within a radius of 50 
miles of Rowland and to Lilesville and 
return; furniture factory goods and sup- 
plies. Group 16, from Robeson County to 
Winston-Salem, West End and Aberdeen; 
family moving. Group 18, within a 25 mile 
radius of Rowland, N. C. to Hickory, 
Marion, Mount Airy and return; household 
goods, Group 19, within a radius of 25 
miles of Rowland. - :,- 



284 N. C. Utilities Commission 



The commodities herein above described 
shall be construed to include the com- 
modities set out and described in Groups 
5, 6, 7, 8, 9, 10, 11, 14, 16, 18 and 19 of 
Rule 10 of the Commission's Rules and 
Regulations for the Administration and 
Enforcement of the Truck Act of 1947. 
Limitation: Truck load lots. 



DOCKET NO. T-74 

FINAL ORDER 

APPLICATION OF: Jackson Truck Lines, Inc. 
Jackson, North Carolina 

HEARD IN: Raleigh, North Carolina, on April 20, 1949 

BEFORE: R. G. Johnson and Fred C. Hunter, Commis- 

sioners 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Greensboro, North 
Carolina 

For the Protestant: 

J. E. Bullock, Wilson, North Carolina 
For Thurston Motor Lines, Inc. 

The above designated application was heard before a majority of the 
Commission as the Commission was then constituted. 

The applicant offered in evidence the application, together with ex- 
hibits thereto attached and made a part thereof, and also offered in evi- 
dence the temporary authority issued by the Commission, the excep- 
tions filed thereto and the demand made by applicant for a hearing before 
the Commission. The applicant further offered testimony tending to 
show that it transported certain commodities including cotton in bales, 
terra cotta pipe and lumber between various points in the State during 
the year 1946, and was so transporting said commodities on January 1, 
1947, and subsequent to that time. The demand for hearing related to 
applicant's right to transport said commodities within the territory shown 
by the testimony to have been served in 1946 and 1947. It appears from 
the testimony that the right to transport said commodities, as hereinafter 
set out in Exhibit B, should have been included in said applicant's tem- 
porary authority and should be included in the formal certificate to be 
issued to said applicant. 

Protestant offered no testimony but moved that the application be 
dismissed, motion overruled, and protestant excepted. Said protestant 
filed a brief which has been considered by the Commission, in which 



Decisions and Adjustments of Complaints 285 

said Protestant contends that the applicant has not shown by its appli- 
cation, the exhibits attached thereto, and oral testimony that it was en- 
gaged in the transportation of general commodities and that the tem- 
porary authority, insofar as it purports to grant said applicant the right 
to transport general commodities, is inconsistent with the testimony. 

Upon consideration of the application, the exhibits attached thereto, 
and the oral testimony offered, the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate com- 
merce as particularly set out in Exhibit B hereto attached and made a 
part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for the protestant, and that a formal 
certificate be issued to said applicant in accordance with the findings 
and order herein. 

Issued by order of the Commission. 

This the 24th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Com.missioner 

Attest: 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-74 Jackson Truck Lines, Inc., 

Irregular route common carrier, 
Jackson, North Carolina 



286 N. C. Utilities Commission 

EXHIBIT B General commodities, except those requiring special 

equipment, over irregular routes to and from points 
in North Carolina bounded on the west by U. S. 
Highway 501 from Durham to the Virginia state- 
line; on the south by U. S. Highway 70 from Dur- 
ham to Morehead City; on the east by Pamlico 
Sound, Albemarle Sound and Currituck Sound; and 
on the north by the Virginia state-line. 

Cotton in bales, brick, tile, clay products, terra 
cotta pipe and lumber between points and places 
in the area of the State above described; from said 
area to points and places in the State on and east 
of U. S. Highway 321; and from said designated ter- 
ritory to points and places in the area of the State 
bounded as set out in the paragraph above. 



DOCKET NO. T-296 
CERTIFICATE NO. T-23I 

FINAL ORDER 

APPLICATION OF: Jocie Motor Lines, Inc., 2115 North Tryon Street, 
Charlotte, North Carolina 



HEARD IN: 
BEFORE: 

APPEARANCES: 



Raleigh, North Carolina, December 8, 1948 

Commissioners Fred C. Hunter and R. G. John- 
son 



For the Applicant: 

Fred H. Hasty, Law Building, Charlotte, North Carolina 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Raleigh, North Carolina, for 
W. W. Miller, Jr., d/b/a Miller Motor Motor Express: Fredrickson 
Motor Express; and Mrs. Mabel D. Burton, d/b/a Helms Motor 
Express 

Upon consideration of the above application, the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 



Decisions and Adjustments of Complaints 287 

tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit A hereto attached. 

IT IS, THEREFORE ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit A hereto attached and made a part 
hereof and that a formal certificate be issued to said applicant. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause. 

Issued by ordkr of the Commission. 

This 7th day of January, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 

Attest: 

Elsie G. Riddick, Assistant Chief Clerk 

January 7, 1949 C-231 

Docket No. T-296, Jocie Motor Lines, Inc., irregu- 
lar route common carrier, 2115 North Tryon Street, 
Charlotte, N. C. 

EXHIBIT A— SCOPE OF OPERATIONS— General commodities, except 
those requiring special equipment. 

REGULAR ROUTES 

ROUTE NO. 1 

BETWEEN GASTONIA, N. C, AND RALEIGH, N. C. 
From Gastonia over U. S. Hys. 29 and 29A to Greensboro, thence 
over U. S. Hys. 70 and 70A to Raleigh and return, serving all inter- 
mediate points. Service is also authorized from intersection of U. S. 
Hy. 29 and N. C. Hy. 7 at a point 3.1 miles east of McAdenville over 
N. C. Hy. 7 to Belmont, thence over N. C. Hy. 7 to the intersection of 
U. S. Hy. 29 and N. C. Hy. 7 at a point 10 miles west of Charlotte and 
return serving all intermediate points, also from Burlington to Gra- 
ham over N. C. Hy. 87, thence over N. C. Hy. 49 to the intersection 
of U. S. Hy. 70 and N. C. Hy. 49 at a point one mile west of Haw River 
and return, serving all intermediate points, also from Durham over 
U. S. Hy. 15 to the intersection of unnumbered N. C. Hy. to Camp 
Butner and Wilkin and return, serving all intermediate points, also 
from Durham over U. S. Hy. 15 to Chapel Hill and return serving 
all intermediate points. 

ROUTE NO. 2 

BETWEEN CHARLOTTE, N. C, AND GREENSBORO, N. C. 



288 Decisions and Adjustments of Complaints 

From Charlotte over U. S. Hy. 21 to Statesville, thence over U. S. 
Hy. 64 to Mocksville, thence over U. S. Hy. 158 to Winston-Salem, 
thence over U. S. Hy. 421 to Greensboro and return serving all inter- 
mediate points. Service is also authorized from intersection of U. S. 
Hy. 421 and unnumbered N. C. Hy. over unnumbered N. C. Hy. to 
Pomona and return serving all intermediate points. 

ROUTE NO. 3 

BETWEEN CHARLOTTE, N. C, AND WILMINGTON, N. C. 
From Charlotte over U. S. Hy. 74 to Lumberton, thence over N. C. 
Hy. 211 to Bolton, thence over U. S. Hy. 74 to Wilmington and return, 
serving all intermediate points. Service is also authorized from 
Lumberton over N. C. Hy. 41 to Fairmont and return, serving all 
intermediate points, also from Rockingham over U. S. Hy. 1 to Aber- 
deen, thence over N. C. Hy. 211 to Raeford, thence over U. S. Hy. 
15A to Fayetteville, thence over N. C. Hys. 87 and 210 to Fort Bragg 
and return, serving all intermediate points. 



DOCKETS NOS. T-205. SUB 1 AND SUB 2 

ORDER 

APPLICATION OF: Earnest Ray Jones and Roy Lee Minor, d/b/a 
Jones and Minor 
Reidsville, North Carolina 

HEARD IN: Raleigh, North Carolina, on October 31, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

Price and Osborne, Attorneys at Law, Leaksville, N. C. 

No Protestants 

HUNTER, COMMISSIONER: The above-named applicants now hold 
authority as a common carrier to transport petroleum products in bulk 
in tank trucks from the originating terminals to points and places in the 
counties of New Hanover, Guilford, Rockingham and Vance; said 
authority having been granted heretofore under the provisions of Sec- 
tion 7 of the North Carolina Truck Act. The applications herein were 
filed under Section 11 of said Act for an amendment to the existing 
authority of said applicants to include the counties of Franklin, Warren, 
Granville, Person, Wake, Durham, Forsyth and Alamance; the applica- 
tion in Docket No. T-205, Sub 1 being for operating rights to points and 
places in the counties of Person, Wake, Durham, Forsyth and Alamance, 
and the application in Docket No. T-205, Sub 2 being for rights to trans- 
port petroleum products to the counties of Franklin, Warren and Gran- 
ville. Said two dockets were consolidated and heard at the same time. 

Protest was filed to the application in Docket No. T-205, Sub 1 by 



Decisions and Adjustments of Complaints 289 

Reliable Transport, Inc., Southern Oil Transportation Company, Terminal 
City Oil Company, Star Oil Company, Eastern Oil Transport and Hinson 
Transport Company, but said protestants did not appear at the hearing 
and were not represented at said hearing. 

Both of the applicants, Mr. Jones and Mr. Minor, testified at length 
as to their experience in the transportation of petroleum products, as to 
their financial means and as to the equipment which they now have 
in use in the present transportation business. From this testimony, the 
Hearing Commissioner finds that said applicants are qualified to perform 
the service for which application is made. 

Two shippers, Mr. George A. Rose, Jr., and Mr. P. T. Whitt, both of 
whom are oil distributors, appeared at said hearing in support of the 
application. They testified in substance that they were well acquainted 
with the applicants and knew something of the satisfactory service that 
they are now performing as a common carrier and that they, themselves, 
as well as others, need the service proposed to points and places in the 
counties of Franklin, Greenville and Person, and that service to points 
and places in said counties is needed at this time, in addition to other 
transportation service now being performed in said counties. There was 
no testimony offered as to the need of any service to the counties of 
Warren, Wake, Durham, Forsyth and Alamance. 

Upon consideration of all the testimony, the Hearing Commissioner 
is of the opinion and finds that public convenience and necessity requires 
that the applications be granted with respect to the transportation of 
petroleum products in bulk from originating points to points and places 
in the counties of Franklin, Granville and Person, as herein particularly 
set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED that the present operating authority 
of said applicant be amended to include points and places in the coun- 
ties of Franklin, Granville and Person, and that the applications, in all 
other respects, be denied, and 

IT IS FURTHER ORDERED that a copy of the order herein, with 
Exhibit B thereto attached, be mailed to the applicants and a copy there- 
of to applicants' attorney. 

Issued by order of the Commission. 

This 10th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKETS NOS. T-205, SUB 1 AND SUB 2 Earnest Ray Jones and 
Roy Lee Minor, d/b/a Jones and Minor, irregular 
route common carrier, Reidsville, North Carolina. 

EXHIBIT B Transportation of petroleum products in bulk in 

tank trucks over irregular routes from existing 
originating terminals at or near Wilmington, More- 



290 N. C. Utilities Commission 

head City, River Terminal, Thrift, Friendship and 
Salisbury to points and places in the counties of 
New Hanover, Guilford, Rockingham, Vance, 
Franklin, Granville and Person. 

NOTE: The above includes operating rights granted in Docket No. 
T-205. 



DOCKET NO. T-438 
ORDER 

APPLICATION OF: Henderson Jones, Jr., 
Box 113 
Hillsboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on January 5, 1950 

BEFORE: Joshua S. James, Commissioner 

APPEARANCES: 

For the applicant: 

The applicant himself, not accompanied in person by any attorney 
but represented in the filing of his application and in the subse- 
quent matters pertaining thereto by A. H. Graham, Jr., Fuller, 
Reed, Umstead and Fuller, Attorneys at Law, Durham, North 
Carolina. 

For the protestants: 

Copeland E. Adams, Attorney at Law 

Blackstone, Virginia, 

For the Transport Corporation, Vance Trucking Company, Inc. 

and Forbes Transfer Company. 

JAMES, COMMISSIONER: By amended application filed with the 
Commission on December 23, 1947, the applicant herein seeks appropriate 
motor vehicle intrastate common carrier authority under the provisions 
of Section 7 of the North Carolina Truck Act. The applicant offered in 
evidence, the same being received, the amended application with ex- 
hibits attached thereto, the temporary authority issued by the Commis- 
sion on October 28, 1948, the exceptions filed thereto together with fur- 
ther exhibits accompanying the same and the revised temporary author- 
ity issued by the Commission on January 20, 1949. 

At the hearing the applicant stipulated and agreed with counsel for 
the protestants that authority to transport general commodities except 
those requiring special equipment, if granted, should not include un- 
manufactured tobacco and accessories except from farm to market. This 
stipulation having been entered on the record the counsel for protest- 
ants served notice that all protests to the application filed herein were 
withdrawn. 

Upon further examination and analysis of all the exhibits filed by 



Decisions and Adjustments of Complaints 291 

the applicant showing his operations during the year 1946, the hearing 
Commissioner arrives at the conclusion that the revised temporary 
authority issued heretofore by this Commission should not be materially 
changed or enlarged except so as to incorporate the stipulation agree- 
ment between applicant and protestants, herein before referred to, and 
to enlarge the territory for household goods only. The Commission is 
at all times anxious to treat with liberality applications filed under Sec- 
tion 7 of the Truck Act, but it must be governed as to its acts in grant- 
ing permanent franchise certificates by the reports of operations furn- 
ished by applicants under the provisions of the said Act, and in this 
case the revised temporary authority appears to have granted all the 
territory which the applicant is entitled to in the transportation of gen- 
eral commodities, based upon his operations prior to the effective date 
of the Truck Act. It is not deemed necessary here to go into further 
detail as to the scope of these operations. 

Upon full consideration of the application and all evidence the hear- 
ing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act and in compliance with the provisions 
thereof. 

2. That said applicant was in bona fide operation as a common carrier 
of property by motor vehicle in intrastate commerce during the year 
1946, was so operating on January 1, 1947, and has continued so to 
operate since that time. 

3. That the operations as shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report as to the com- 
modities transported and the territory served in the transportation of 
the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

a. That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

b. That a copy of the findings and order herein be mailed to the 
applicant, a copy to the applicant's attorney and a copy to counsel for 
protestants and that a formal certificate be issued to the applicant in 
accordance with the findings and the order herein. 

Issued by order of the Commission. 

This 26th day of January, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-438 Henderson Jones, Jr., Box 113, Hillsboro, N. C. 



292 
EXHIBIT B 



N. C. Utilities Commission 

Transportation over irregular routes as follows: 

1. General commodities, except those requiring 
special equipment and except unmanufactured 
tobacco and accessories, between all points and 
places within a radius of one hundred miles of 
Hillsboro including Murfreesboro, Kinston and 
Wallace, tobacco to be hauled only from farm 
to market. 

2. Household goods from Hillsboro to all points 
and places within the State from Whiteville 
to Hillsboro. 

3. Livestock and feed between Durham and 
Linville. 



DOCKET NO. T-7 

ORDER 
APPLICATION OF: S. T. Jones, Route 3, Rocky Mount, N. C. 
HEARD IN: Raleigh, N. C, June 10, 1949. 



BEFORE: 
APPEARANCES: 



Edward H. McMahan, Commissioner 



For the Applicant: 

S. W. Ruark, Ruark & Ruark, Attorneys at Law, Raleigh, N. C. 

For the Protestants: 

I. M. Bailey and Ruffin Bailey, Attorneys at Law, Raleigh, N. C, 
for Helms Motor Express, Miller Motor Express, and Fredrickson 
Motor Express. 

McMAHAN, COMMISSIONER: On September 25, 1947, application 
was filed by S. T. Jones, an individual doing business with the firm name 
and style of S. T. Jones of Route 3, Rocky Mount, North Carolina, under 
Section 7 of the 1947 Truck Law of North Carolina, for authority to 
transport general commodities over irregular routes between points and 
places in Halifax, Nash, Edgecombe and Wilson Counties, and from 
points and places in said counties to points and places in North Carolina 
lying on and east of U. S. Highway No. 321, and from points and places 
in said destination territory to points and places in Halifax, Nash, 
Edgecombe and Wilson Counties. 

Based upon said application, temporary authority was granted by the 
Commission, on September 15, 1948, to the applicant to transport general 
commodities, except those requiring special equipment, over irregular 
routes between points and places within the following counties: Chatham, 
Wake, Franklin, Nash, Wilson, Edgecombe, Halifax, Warren, Vance and 
Granville, with a limitation that said authority was to transport truck 
loads only. 



Decisions and Adjustments of Complaints 293 

On December 20, 1948, the applicant filed exceptions to the temporary 
authority so granted, same being in apt time, (extension of time having 
been granted the applicant to January 1, 1948, in which to file said 
exceptions), said exceptions being to the failure of the Commission to 
grant authority to transport (1) cotton from points and places in Nash 
and Edgecombe Counties to points and places in Guilford, Cabarrus and 
Gaston Counties; (2) lumber from points and places in Nash and 
Edgecombe Counties to points and places in Beaufort County; (3) to the 
limitation of the authority of truck loads only; and thereupon the 
temporary authority was revised by the Commission, under date of 
January 12, 1949, by adding cotton in bales as a commodity description, 
to be transported over irregular routes from points and places in Nash 
and Edgecombe Counties to all points and places in the Counties of 
Cabarrus, Gaston and Guilford; and lumber as a further commodity, 
over irregular routes from all points and places in Nash and Edgecombe 
Counties to all points and places in Beaufort County; and by striking out 
any limitation. 

The applicant, S. T. Jones, as a witness for himself, testified that he 
had been in the trucking business continuously since 1928; that the 
application filed by him under Section 7 of the North Carolina Truck Act 
of 1947, was filed by his attorneys and that he prepared a list of shipments 
of merchandise and commodities which he made during the year 1946, 
and furnished the same to his said attorneys from which to make and 
prepare an exhibit describing his operations in compliance with the law; 
that he is now operating under the authority of the temporary certificate 
issued by this Commission. 

The application, including all exhibits and temporary authority, were 
offered into evidence and received by the Commission. 

On cross examination Mr. Jones testified that most of his hauling 
consisted of truck loads, and that he did not have any limitations but 
that he would try to secure a truck load each trip and was holding 
himself out to transport any shipments whether truck loads or not to 
meet the demands of his customers. 

Exhibit 1-A attached to the application, and received in evidence, 
contained a listing of operations running from January, 1946 to October, 
1946, but that the same showed neither the full year's operation or com- 
plete and full listing of any one month's operation during the year 1946. 
The petitioner requested authority to amend said application so as to 
show one full month's operation, and was allowed so to do, and did 
thereafter on the 23rd day of June, 1949 filed a listing of all operations 
for the entire month of February, 1946. 

The protestants offered no evidence, but pointed out to the Com- 
mission that there had been an offer on the part of the applicant to 
sell his rights applied for in this procedure, and that there was likewise 
an acceptance of said offer on the part of S. B. Smith, the purchase price 
thereof being the sum of $3,000. It was pointed out to the Commission, 
and the Commission took judicial notice of the fact, that an application 



294 N. C. Utilities Commission 

under Docket No. T-7 Sub Section 1, and set for hearing immediately 
following the completion of the hearing in this cause, was for the purpose 
of asking authority for said applicant herein, S. T. Jones, to sell all his 
right to S. B. Smith, and for an approval on the part of the Commission 
of said sale. It was stipulated by both the applicant and protestants in 
the record that a meeting of minds between Mr. Jones and Mr. Smith 
concerning the sale and purchase of the right applied for herein occurred 
about the middle of January, 1949, and that the full purchase price of 
$3,000 was paid to the applicant herein, S. T. Jones, by S. B. Smith, and 
that a receipt was given to Mr. Smith by Mr. Jones. While the evidence 
in this proceeding did not disclose the same herein, it was however testi- 
fied in Docket No. T-7 Sub 1, heard immediately following the com- 
pletion of the hearing of this cause, and to which the Commission takes 
judicial notice, that from the purchase price paid by S. B. Smith to the 
applicant herein for the purchase of his right, from $2,000 to $2,500 was 
considered as purchase price for the equipment, and the balance of the 
purchase price, the same being from $500 to $1,000, was considered as 
purchase price for the right of S. T. Jones. 

At the close of the evidence the protestants moved to dismiss the 
application on the grounds: (1) that the exhibits filed herein originally 
did not represent any one month's operation, and that the Commission 
had no right to grant the applicant's motion to amend the same; and 
(2) that the application herein was filed and applied for for the purpose 
of sale in violation of Section 22 of the North Carolina Truck Act of 1947. 

Based upon the testimony offered in this cause, a resume of which 
is hereinabove given, the hearing Commissioner finds the following 
facts: 

1. That the application was duly filed by the applicant on Septem- 
ber 25, 1947, for a certificate for public convenience and necessity under 
Section 7 of the North Carolina Truck Act for the year 1947. 

2. That the applicant has operated a trucking service from the year 
1928, up to and including the time of this hearing, over irregular routes, 
for the transportation of general commodities, except those requiring 
special equipment, and between points and places in certain counties 
of the state of North Carolina hereinafter set forth. 

3. That the application filed by the applicant contained, attached 
thereto and marked Exhibit 1-A, listing of operations running from the 
month of January, 1946 through the month of October, 1946, but that 
said listing did not contain all the shipments handled by the application 
for the entire year 1946, nor did the same list all the shipments handled 
in any one month during the year 1946. 

4. That the applicant was permitted to file, by way of an amend- 
ment to the original exhibit attached to the application, a statement 
showing all his operations and shipments during the month of February, 
1946, which said amendment was filed on June 23, 1949. 

5. That on September 15, 1948, the applicant was granted temporary 



Decisions and Adjustments of Complaints 295 

authority to transport general commodities, except those requiring 
special equipment, over irregular routes, between points and places 
within Chatham, Wake, Franklin, Nash, Wilson, Edgecombe, Halifax, 
Warren,. Vance and Granville Counties, and that said temporary authority 
was limited to truck loads only. 

6. That the applicant filed exceptions to the temporary certificate of 
authority issued him, and thereafter on January 12, 1949, the said tem- 
porary authority was revised by adding thereto cotton in bales as a com- 
modity, to be transported over irregular routes from points and places 
in Nash and Edgecombe Counties to all points and places in the Coun- 
ties of Cabarrus, Gaston and Guilford; and lumber as an additional com- 
modity over irregular routes from all points and places in Nash and 
Edgecombe Counties to all points and places in Beaufort County; and 
by striking out any limitation as to the minimum load. 

7. That the applicant has offered to sell the franchise which he 
holds under temporary authority, and all the right applied for herein, 
if granted, to S. B. Smith of Route 3, Rocky Mount, North Carolina, and 
that the Commission has been asked to approve said sale under an appli- 
cation of the petitioner, assigned as Docket No. T-7 Sub Section 1, which 
was heard immediately following the hearing of the application herein. 

8. That said contract of sale by the applicant herein to the said 
S. B. Smith was consummated during the month of January, 1949, and 
that S. B. Smith paid to the applicant the sum of $3,000 for his right and 
for his equipment and received a receipt therefor; that said S. B. Smith 
has operated the business since January, 1949 under the right of the 
applicant herein under a mutual understanding between the parties, 
pending the hearing and determination of this cause. 

9. That the purchase price paid by S. B. Smith to the applicant for 
the purchase of the right applied for herein and equipment of the appli- 
cant was the sum of $3,000, $2,000 to $2,500 of which covered the con- 
sideration for the equipment, and $500 to $1,000 in consideration for 
the right of franchise now held by the applicant under temporary auth- 
ority, and for which permanent franchise is applied for herein. 

Based upon the foregoing findings of fact, the hearing Commission 
herein concludes as a matter of law that the applicant has carried the 
burden of his case, and proven his right to a certificate under Section 7 
of the North Carolina Truck Act of 1947, which entitles him to perman- 
ent operating rights. 

The applicant failed to file a full and complete statement of all of 
his shipments during the year 1946, and likewise failed to file said state- 
ment for any one month during said year 1946, at the time of making 
his application; however, he was permitted to amend the exhibit attached 
to his application and correct the same by filing a full listing of all of 
his operations for the month of February, 1946. The hearing Commis- 
sioner had a right to grant the applicant permission to amend his appli- 
cation, so as to make a complete report for one full month, and thus 
acquaint the Commission fully as to the type of service offered by the 



296 N. C. Utilities Commission 

applicant in order that it might be determined whether or not continua- 
tion of the service amounts to a necessity to the general public, or would 
be a convenience to said public. 

Sub Section (2) (b) of Section 7 of the North Carolina Truck Act 
provides that with each application filed under said section, the applicant 
shall file "a full and complete report of the operations of the carrier or 
its predecessor for one or more full calendar months during the year 
1946 chosen by the carrier as being representative of the nature, extent 
and frequency of its continuous operations from January 1, 1947 to the 
date the application is filed . . . ." While this section requires the filing 
of a complete report for one or more months, nothing therein contained 
prohibits the Commission from exercising the discretion of allowing 
an amendment to permit the actual showing of a true report of the 
operations for one or more months during the year 1946. The general 
policy of law of the State of North Carolina with regard to pleadings 
in any court are to the effect that the same are to be liberally con- 
strued, and that amendments can be and should be allowed in order 
that the proceeding may properly be considered before the tribunal of 
trial, and heard upon its merits; therefore, it is within keeping of the 
general policy of the law with regard to pleadings in the State of North 
Carolina that this Commission has the right to grant amendments to 
applications and exhibits filed before it, and certainly the amendment 
filed by the applicant, by leave of the Commission, cures any defect with 
regard to his lack of giving a full and complete report of his operations 
for one month during the year 1946 at the time of the filing of his appli- 
cation. 

It appears from the findings of fact herein that the applicant in this 
cause has contracted to sell the rights which he holds under the tem- 
porary certificate heretofore granted, and for which he has applied for 
permanent rights herein, to one S. B. Smith, for a consideration, insofar 
as the rights themselves are concerned and not considering equipment, 
of a price between the sum of $500 and $1,000. Certain facts found by 
the Commissioner in this proceeding were from the taking of judicial 
notice of the evidence and facts made to appear in the hearing of Docket 
No. T-7 Sub Section 1, heard immediately following the hearing of this 
cause, in which the Commission was asked to approve said sale; there 
is likewise a certain stipulation in the record which further sustains the 
findings of fact by the Commission with regard to said sale. 

Section 1 of the North Carolina Truck Act of 1947 declares that it 
shall be the policy of the State of North Carolina to preserve and con- 
tinue all motor carrier transportation services now afforded this state; 
and to provide fair and impartial regulations to the motor carriers in 
such a manner as to promote, in the interest of the public, the inherent 
advantages of highway transportation. Section 22 of the said 1947 Truck 
Act provides, among other things, that it shall be against the policy 
declared in Section 1 of this Act for any person to obtain a certificate or 
permit for the purpose of transferring the same to another, and that an 
offer of such transfer within one year after the same was obtained shall 



Decisions and Adjustments of Complaints 297 

be prima facie evidence that such certificate or permit was obtained for 
the purpose of sale. 

It is to be noted that Section 1 of the North Carolina Truck Act de- 
clares that it is the policy of the State of North Carolina to preserve and 
continue all motor carrier transportation services now afforded this 
state. In this connection the evidence in this case tends to show that 
the applicant, S. T. Jones, has been in the trucking business contin- 
uously since the year 1928; that under the 1947 North Carolina Truck 
Act he filed an application for so called "grandfather rights" on Sep- 
tember 25, 1947, and that temporary authority was granted him on 
September 15, 1948, which said temporary authority was revised under 
date of January 12, 1949, after the filing of exceptions. Thus it is clear 
that the applicant, S. T. Jones, obtained the rights he is entitled to by 
virtue of having been continuously in the trucking business since the 
year 1928, and by complying with the law in making necessary applica- 
tion under the North Carolina Truck Act of 1947. It is true that the 
said S. T. Jones contracted to sell his rights under a contract which was 
consummated during the month of January, 1949. The hearing Commis- 
sioner is of the opinion that the provision of law as contained in Section 
22 of the said Truck Act of 1947, which declares it to be considered 
against policy of the law to obtain a certificate or permit for the purpose 
of transferring the same to another, does not apply in this instance. It 
is the conclusion of the hearing Commissioner that the legislative intent 
of said Act was to guard against those who sought new rights, which 
they had not held prior to January 1, 1947, for the purpose of sale or 
transfer, but that certainly it was not the intention to take away vested 
rights of a carrier, who had performed many years of service, merely 
because he had become weary of his trade, and desired to sell or trans- 
fer his business to another. 

IT IS, THEREFORE, ORDERED: 

That a certificate be, and the same is hereby granted to the applicant 
for authority to transport general commodities, except those requiring 
special equipment, over irregular routes between points and places 
within the counties of: Chatham, Wake, Franklin, Nash, Wilson, Edge- 
combe, Halifax, Warren, Vance and Granville; cotton in bales over ir- 
regular routes from points and places in Nash and Edgecombe Counties 
to all points and places in the counties of Cabarrus, Gaston and Guil- 
ford; and lumber from all points and places in Nash and Edgecombe 
Counties to points and places in Beaufort County. 

It is further ordered that copies of this order be mailed to the appli- 
cant, his attorneys, and to the attorneys for the protestants. 

Issued by order of the Commission. 

This 30th day of September, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 
(SEAL) 



298 N. C. Utilities Commission 

DOCKET NO. T- 146 

ORDER 

APPLICATION OF: J. W. Jones, an individual, d/b/a Jones Trans- 
fer 
Fairmont, North Carolina 

HEARD IN: Raleigh, North Carolina, November 16, 1949 

BEFORE: Edward H. McMahan, Commissioner 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, P. O. Box 127, 
Greensboro, North Carolina 

For the Protestant: 

Ruffin Bailey of the law firm of Bailey & Holding, 
Raleigh, North Carolina, for the protestant Miller Motor 
Express 

McMAHAN, COMMISSIONER:— This is an application filed by the appli- 
cant, J. W. Jones, d/b/a Jones Transfer, under the provisions of Sec- 
tion 7 of the North Carolina Truck Act of 1947, the same being filed on 
September 23, 1947. Mr. Jones seeks authority by virtue of his rights 
under the grandfather clause of the Truck Act, to operate as a common 
carrier, and to transport general commodities, and tobacco, between the 
points and places within the state of North Carolina, in intrastate com- 
merce as follows: 

GENERAL COMMODITIES between points and places in New 
Hanover, Brunswick, Columbus, Robeson, Scotland, Richmond, 
Hoke, Cumberland, Bladen and Pender Counties and from points 
and places in said counties to points and places within a radius of 
250 miles of Fairmont, and from points and places in said des- 
tination territory to points and places in the counties of New Han- 
over, Brunswick, Columbus, Hoke, Scotland, Richmond, Robeson, 
Cumberland, Bladen and Pender. 

TOBACCO between all points and places within the State of North 
Carolina. 

Attached to the application is an exhibit listing the applicant's equip- 
ment, and an exhibit showing the financial statement of the applicant, 
which indicates a net worth of the applicant of $29,127.81. There is 
also a report of the applicant's operations attached to the application, 
which lists all of the operations of the applicant during the year 1946, 
as being representative of the nature, extent and frequency of the opera- 
ations carried on by the applicant. 

Based upon the application as filed, the Commission issued an order 
dated October 7, 1948, granting to the applicant temporary authority to 
transport general commodities, except those requiring special equipment, 



Decisions and Adjustments of Complaints 299 

over irregular routes, between points and places within a radius of 75 
miles of Fairmont, North Carolina; and authority to transport tobacco, 
unmanufactured, leaf or scrap, including stem, cooperage stock, sheets, 
baskets and hogsheads, over irregular routes, from Burlington and 
Mebane to points and places in the State of North Carolina. 

Thereafter the applicant, within apt time, filed exceptions to the 
temporary authority granted, said exceptions being received by the 
Commission on December 22, 1948. By said exceptions the applicant 
contended that he should have been given a greater radius than that of 
75 miles of Fairmont, contending among other things that this would 
not take him into the City of Wilmington, and offering supporting reports 
of operations to indicate that he was entitled to authority to operate into 
and from Wilmington along with other points and places, which he con- 
tended was greater than 75 miles from Fairmont. 

Other allegations were made in said exceptions, all tending to support 
the applicant's contention that the authority granted by the temporary 
authority was not sufficient to cover his operations as of January 1, 
1947. 

Upon consideration of the said exceptions filed by the applicant the 
Commission revised the temporary authority heretofore granted on Jan- 
uary 14, 1949 and by said revised temporary authority granted to the 
applicant the following: 

COMMODITY DESCRIPTION. General commodities ex- 
cept those requiring special equipment. 

TERRITORY DESCRIPTION. Irregular Routes. Between 
all points and places within a radius of 75 miles of Fairmont. 

COMMODITY DESCRIPTION. Tobacco, Unmanufactured, 
Leaf or Scrap, Including Stems, Cooperage Stock, Sheets, 
Baskets and Hogsheads. 

TERRITORY DESCRIPTION. Irregular Routes. From Bur- 
lington, Durham and Mebane to points and places in North 
Carolina. 

COMMODITY DESCRIPTION. Fertilizer. 

TERRITORY DESCRIPTION. Irregular Routes. From Wil- 
mington and points and places within five miles thereof 
and same to points and places in the counties of Orange, On- 
slow, Lenoir, Wake, Pamlico, Surry, Union, Johnston and 
Stanly. 

COMMODITY DESCRIPTION. Petroleum and Petroleum 
Products in bulk in tank trucks. 

TERRITORY DESCRIPTION. Irregular Routes. From Wil- 
mington and points and places within five miles thereof to 
all points and places in the counties of Robeson and Lee. 

COMMODITY DESCRIPTION. Lumber. 



300 N. C. Utilities Commission 

TERRITORY DESCRIPTION. Irregular Routes. From Wil- 
mington to Cullowhee. From Elizabethtown to Charlotte. 

COMMODITY DESCRIPTION. Granite, Stone and Marble. 

TERRITORY DESCRIPTION. Irregular Routes. Between 
Wilmington and Charlotte. 

COMMODITY DESCRIPTION. Veneer. 

TERRITORY DESCRIPTION. Irregular Routes. From Fair- 
mont to New Bern and High Point. 

In apt time protests were filed to the application by Miller Motor 
Express of Charlotte, North Carolina, and by the Transport Corporation 
of Virginia. The protestants, upon hearing of this cause, were repre- 
sented by counsel. 

Upon the calling of the application for hearing, the applicant identified 
and offered into evidence the original file of this Commission, contain- 
ing his application and all exhibits thereto attached, the temporary 
authority issued, exceptions and exhibits attached to said exceptions 
as filed by the applicant, and the revised authority. The applicant, 
J. W. Jones, testifying in support of his application, stated that he had 
been engaged in the transportation business since the year 1924, and 
that he was engaged in the business of operating as a common carrier 
by motor vehicle during the year 1946 and on the first day of January, 
1947, and continuously since January 1, 1947 until the filing of the appli- 
cation, and thereafter. He testified as to the equipment now in use in 
his transportation business, and generally supported all allegations made 
in his application and exceptions. The applicant did, however, admit 
that certain operations, particularly with reference to the transportation 
of lumber into the extreme western part of the state was not a regular 
operation of the applicant, and only occurred as a special individual 
transaction. 

Careful consideration of all the exceptions and other evidence offered 
in this cause leads the Commission to the conclusion that the applicant 
is entitled to a certificate authorizing him to operate on a wider range 
for the transportation of general commodities than that given by the 
temporary authority, for that his report of operations supports his con- 
tentions that he has operated generally within a radius of at least 100 
miles from Fairmont in the transportation of general commodities. It 
is further the conclusion of the Commission that the applicant is entitled 
to authority to transport certain specified commodities within a range 
of approximately 150 miles of Fairmont, but that his contention for 
authority to transport lumber from Wilmington to Cullowhee, North 
Carolina and Elizabethtown to Charlotte is not supported by sufficient 
showing of operations during the years 1946, contended as being repre- 
sentative of his operation on January 1, 1947, to entitle him to such 
rights. 

The hearing Commissioner, therefore, finds as a fact that the appli- 
cant, J. W. Jones, d/b/a Jones Transfer, was engaged as a common car- 



Decisions and Adjustments of Complaints 301 

rier of property by motor vehicle in intrastate commerce on January 1, 
1947, and that his operations were reasonably frequent and continuous 
throughout the period covered by the report of operations for the year 
1946, shown as being representative of his operations on January 1, 1947, 
and that the applicant is financially able to carry on said operations and 
otherwise fit and suitable to perform the services of a common carrier 
in the transportation of property as hereinafter defined within the ter- 
ritory hereinafter designated, and to this end. 

IT IS, THEREFORE, ORDERED: 

That a certificate of franchise be issued to the applicant granting to 
him the right to engage as a common carrier in intrastate commerce, and 
to transport property hereinafter designated between all points and 
places within the territory hereinafter designated in Exhibit A attached 
hereto and made a part of this order. 

It is further ordered that a copy of this order be mailed to the appli- 
cant, his attorney of record, and to the attorney appearing for the pro- 
testant. 

Issued by order of the Commission. 
This 22nd day of December, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming. Chief Clerk 
(SEAL) 

EXHIBIT A 

NOTE: This carrier has, under Section 6 of the Truck Act 
irregular route operating authority and described in Certifi- 
cate No. 1023. 

DOCKET NO. T-146 
J. W. Jones, d/b/a 
Jones Transfer 
Fairmont, N. C. 

COMMODITY DESCRIPTION 

General Commodities except those requiring special equipment. 

TERRITORY DESCRIPTION 

Irregular Routes 

Between all points and places within the following counties: 
Union, Stanly, Davidson, Guilford, Anson, Montgomery, Randolph, 
Alamance, Richmond, Moore, Lee, Chatham, Orange, Durham, Scot- 
land, Hoke, Harnett, Wake, Robeson, Cumberland, Johnston, Wilson, 
Columbus, Bladen, Sampson, Wayne, Greene, Pitt, Duplin, Lenoir, 
Brunswick, New Hanover, Pender, Onslow, Carteret, Jones and 
Craven. 



302 N. C. Utilities Commission 

COMMODITY DESCRIPTION 

Fertilizer, fertilizer material, granite, stone and marble. 

TERRITORY DESCRIPTION 

Irregular Routes 
Between all points and places within the following counties: 
Cleveland, Gaston, Lincoln, Catawba, Alexander, Wilkes, Surry, Ire- 
dell, Yadkin, Mecklenburg, Cabarrus, Rowan, Davie, Forsyth, Stokes, 
Rockingham, Caswell, Person, Granville, Franklin, Vance, Warren, 
Nash, Halifax, Northampton, Edgecombe, Pamlico, Beaufort, Martin, 
Bertie, Washington, Union, Stanly, Davidson, Guilford, Anson, Mont- 
gomery, Randolph, Alamance, Richmond, Moore, Lee, Chatham, 
Orange, Durham, Scotland, Hoke, Harnett, Wake, Robeson, Cumber- 
land, Johnston, Wilson, Columbus, Bladen, Sampson, Wayne, Greene, 
Pitt, Duplin, Lenoir, Brunswick, New Hanover, Pender, Onslow, Car- 
teret, Jones and Craven. 

COMMODITY DESCRIPTION 

Tobacco, Unmanufactured, Leaf or Scrap, Including Stems, Cooper- 
age Stock, Sheets, Baskets and Hogsheads. 

TERRITORY DESCRIPTION 

Irregular Routes 
From Burlington, Durham and Mebane to points and places in North 
Carolina. 



DOCKET NO. T- 122 

ORDER 

APPLICATION OF: Wingate G. Joyner, d/b/a Joyner Trucking Com- 
pany, Woodland, N. C. 

HEARD IN: Raleigh, North Carohna on September 23, 1949 

BEFORE: Edward H. McMahan, Commissioner 

APPEARANCES: 

For the Applicant: 

J. Buxton Weaver, Attorney at Law, Rich Square, N. C. 

For the Protestants: 

Copeland E. Adams, Attorney at Law, Blackstone, Va. 
for The Transportation Corporation 

McMAHAN, COMMISSIONER:— On September 19, 1947 the applicant, 
Wingate G. Joyner, d/b/a Joyner Trucking Company of Woodland, N. 
C, filed application under Section 7 of the 1947 Truck Act of North Caro- 
lina for authority to operate as a common carrier, over irregular routes, 
for the transportation of general commodities throughout the entire state 
of North Carolina. Attached to the applicant's application, marked Ex- 



Decisions and Adjustments of Complaints 303 

hibit 2, was a statement and listing of facilities of the applicant; and 
marked as Exhibit 3, a report of the operations of the applicant, listing 
the entire operations of said applicant for the month of March, 1946 as 
being representative of the nature and extent of the operation of the 
applicant from January 1, 1947 to the date of his filing application; 
marked as Exhibit 5, a statement of miscellaneous information wherein 
the applicant stated that he was making application under the "grand- 
father clause" of the North Carolina Truck Act, and wherein he stated 
that he has operated a business known as Joyner Trucking Company of 
Woodland, North Carolina, since June of 1940, and that he is the sole 
owner of said business; that he operates as a common carrier, over ir- 
regular routes, and that his principal commodities hauled are: lumber 
fertilizer, clay and concrete products, cotton in bales, peanuts in bags and 
other farm products; that in the furtherance of the business of his regular 
consignors he makes frequent trips to Forest City, Morganton, Hickory, 
Mount Airy and Winston-Salem, and that it is necessary that his territory 
include the entire state of North Carolina; that since much of his cargo 
is of a seasonable nature there is no one month in the year which will 
reflect accurately the trips made and the cargo carried, and that the 
month of March was chosen at random but that other months would 
reflect more travel into the mill section of North Carolina; attached to 
the application was a further supplement to Exhibit 3, reporting opera- 
tions of the applicant in the nature of an abstract of intrastate business 
for various months of the year 1946, and which shows a large variety 
of commodities hauled between a varied list of originating points and 
destination points. 

Based upon said application the Commission issued to the applicant 
temporary authority for the hauling of general commodities, except 
those requiring special equipment, over irregular routes, between points 
and places within the following counties: Hertford, Northampton, Halifax, 
Bertie, Edgecombe, Washington, Pitt, Onslow, Johnston, Harnett, Lee, 
Durham, Orange, Guilford, Davie and Cabarrus. 

Thereafter on the 10th day of November, 1948, the applicant filed ex- 
ceptions to the temporary authority issued, as above set out, listing six 
exceptions to the same, which were well prepared and clearly and ac- 
curately supported by exhibits attached; and based upon said exceptions 
the Commission did on December 18, 1948 revise the temporary authority 
heretofore refered to, and granted to the applicant temporary authority 
to transport general commodities, except those requiring special equip- 
ment, over irregular routes, between points and places within the fol- 
lowing counties: Hertford, Northampton, Halifax, Bertie, Edgecombe, 
Washington, Pitt, Onslow, Johnston, Harnett, Lee, Durham, Orange, 
Guilford, Davie, Cabarrus, Nash, New Hanover, Wayne, Chatham, Martin 
and Wilson. 

In support of his application the applicant first offered into evidence 
the original application, together with all exhibits attached thereto, tem- 
porary authority, exceptions filed to said temporary authority, and the 
revised temporary authority; the applicant, then testifying in support of 



304 N. C. Utilities Commission 

his said application, stated tliat he is the owner and operator of said 
business and has operated the same since April of the year 1940; that 
he was drafted into the armed service of the United States during the 
second World War, and during the years 1942 and 1946 he served as a 
member of the armed forces, and that this, together with an unfortunate 
accident, had caused a certain curtailment of his business during said 
period of time; he further testified that he transported tobacco during 
the year 1946 and referred to a truck load in January, which was trans- 
ported between Windsor and Ahoskie, North Carolina; that during other 
years he had transported tobacco from the territory as set forth in his 
exhibits; that in the exhibits was included a complete month of his 
operations during the year 1946, but that it was hard to give any one 
month that would be clearly representative of his entire year's business. 

Upon cross examination the applicant testified that he has a total of 
six trucks, which consists of six tractors and six trailers and two other 
trucks; that his equipment consists of trucks with flat beds; that he 
hauled tobacco in sheets and in baskets; that listed in his report of 
operations for the months of October and March of the year 1946 were 
all of his intrastate shipments; and that these months were more repre- 
sentative of the year 1946 than any other months, but that some com- 
modities such as tobacco were hauled in 1946, which were not shown 
during said months; that a report of any one month's operation would 
not cover all the commodities, which he hauls; that he has hauled 
general commodities. 

At the conclusion of the evidence, the applicant and his attorney 
entered into a stipulation with the protestant and its attorney, wherein 
the following stipulation as contained in the words of Mr. Weaver, Attor- 
ney for the applicant, was made: "Under Section 7, we stipulate that sub- 
ject to the findings of the Commission, he (the applicant) does not ask 
for the transportation of tobacco in hogsheads, that is only in baskets 
and sheets, I believe they call it, sir." Thereupon the Commissioner 
stated: "Let this go in the record in Docket No. T-122, the applicant 
stated that he withdrew from the application the request for authority 
to transport tobacco, other than in sheets and baskets; that means that 
under his application in Section 7 wherein he wants the right to trans- 
port tobacco in sheets and baskets, he withdraws the request for authority 
to transport tobacco otherwise?" Whereupon Mr. Adams, attorney for 
the protestant, stated: "I withdraw my protest in view of that stipula- 
tion to T-122, Section 7." 

Based upon the foregoing evidence the hearing Commissioner finds 
the following facts: 

1. That Wingate G. Joyner, d/b/a Joyner Trucking Company of 
Woodland, North Carolina, was engaged in the trucking business, operat- 
ing over irregular routes, prior to January 1, 1947, and is entitled to 
rights to continue such operations as he was engaged in during the year 
1946, under the provisions of Section 7 of the said Truck Act of 1947. 

2. That he was engaged in the business of transporting general com- 



Decisions and Adjustments of Complaints 305 

modities, except those requiring special equipment, over irregular routes, 
between points and places within the following counties: Hertford, North- 
ampton, Halifax, Bertie, Edgecombe, Washington, Pitt, Onslow, John 
ston, Harnett, Lee, Durham, Orange, Guilford, Davie, Cabarrus, Nash, 
New Hanover, Wayne, Chatham, Martin and Wilson during the year 
1946 and prior to January 1, 1947, and that a report of his operations for 
the month of March, 1946, coupled with other supporting evidence of his 
general operations, show him to have been engaged as a common carrier, 
over irregular routes, transporting general commodities between points 
and places in said counties, during the year 1946. 

3. That the applicant's transportation of tobacco was restricted to 
transportation of the same only in sheets and baskets (see stipulation 
above set forth.) 

Based upon the foregoing findings of fact the hearing Commission 
concludes that the applicant has proven his case and that he is entitled 
to a certificate, under Section 7 of the 1947 North Carolina Truck Act, 
entitling him to engage in the business of a common carrier with intra- 
state rights for the transportation of general commodities, except those 
requiring special equipment, and except tobacco in hogsheads and other 
than in sheets and baskets (the applicant be entitled to transport to- 
bacco in sheets and baskets) over irregular routes between points and 
places hereinafter designated. 

IT IS, THEREFORE, ORDERED: 

That certificate be, and the same is hereby issued granting to the 
applicant right of franchise for the intrastate rights to operate as a 
common carrier, to transport tobacco in sheets and baskets, but not 
otherwise and other than that, general commodities, except those re- 
quiring special equipment, over irregular routes, between points and 
places within the following counties: Hertford, Northampton, Halifax, 
Bertie, Edgecombe, Washington, Pitt, Onslow, Johnston, Harnett, Lee, 
Durham, Orange, Guilford, Davie, Cabarrus, Nash, New Hanover, Wayne, 
Chatham, Martin and Wilson. 

It is further ordered that a copy of this order be mailed to the appli- 
cant, and to the applicant's attorney, and a copy to the attorney for 
the protestant. 

Issued by order of the Commission. 

This 8th day of October, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-122 SUB 1 

ORDER 

APPLICATION OF: Wingate G. Joyner, d/b/a Joyner Trucking Com- 
pany, Woodland, N. C. 



306 N. C. Utilities Commission 

HEARD IN: Raleigh, North Carohna, September 23, 1949. 

BEFORE: Edward H. McMahan, Commissioner 

APPEARANCE: 

For the Applicant: 

J. Buxton Weaver, Attorney at Law, Rich Square, N. C. 

For the Protestants: 

I. M. and Ruffin Bailey, Bailey and Holding Law Firm, Raleigh, 
N. C. for Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express, and Miller Motor Express; and Copeland 
E. Adams, Atty. at Law, Blackstone, Virginia for The Transporta- 
tion Corporation. 

McMAHAN, COMMISSIONER:— On the 17th day of May, 1949, the 
applicant, Wingate G. Joyner, d/b/a Joyner Trucking Company, Wood- 
land, North Carolina, filed an application with this Commission, under 
Section 11 of the 1947 North Carolina Truck Act, asking for rights to 
operate as a common carrier, for the transportation of general commodi- 
ties, and the following special commodities designated as (1) agricultural 
commodities, (2) cotton in bales, (3) fertilizer and fertilizer materials, (4) 
forest products, (5) building materials, (6) livestock, (7) dump truck 
operations, (8) family moving and (9) unmanufactured tobacco and ac- 
cessories. 

When this application was called for hearing, Mr. Adams, attorney 
for the protestant, The Transportation Corporation, and Mr. Weaver, 
attorney for the applicant, made the following statements, resulting in 
a stipulation of record: 

MR. WEAVER: "and then, sir, (in view of stipulation entered into 
a previous hearing under Section 7 of the 1947 North Carolina Truck 
Act, concerning an application of the applicant), in T-122 Sub 1, we 
withdraw our application from Group 20, which is unmanufactured 
tobacco." 

MR. ADAMS: "I withdraw my protest (in this hearing T-122 Sub 1) 
in view of that stipulation." 

Whereupon the Commissioner asked the following question: "In view 
of this application we are about to hear now?" 

MR. ADAMS: "As to the application we are about to hear now, Mr. 
Weaver, on behalf of his client has withdrawn his application as to 
Group 20, unmanufactured tobacco and accessories, and in view of their 
withdrawal, I withdraw the protest filed on behalf of The Transportation 
Corporation." 

Whereupon the record was made to show that The Transportation 
Corporation had duly withdrawn its protest, and it was understood that 
the applicant's application for authority to transport those commodities 
known as Group 20, meaning unmanufactured tobacco and accessories, 
was withdrawn. 



Decisions and Adjustments of Complaints 307 

In support of his application the applicant offered testimony, includ- 
ing his own, and in his own behalf testified that he was the sole owner 
of his business, which had been in continuous operation since the year 
1916; that said business was operated by his father from 1916 to 1936, 
at which time the operation was changed to operate under the firm 
name and style of W. M. Joyner & Son; and that in 1940 it became 
the Joyner Trucking Company with the applicant as sole operator; that 
he has six tractors, six trailers and two small trucks; that he supervises 
his entire operation, but that during the year from 1942 to 1945 he, 
the applicant, was in the service of the United States Army as a combat 
soldier, but that he resumed his operation upon his discharge in the year 
1945, and particularly during the year 1946 and subsequent thereto; he 
called attention to his financial statement attached to his application in 
Docket No. T-122, which showed the applicant to have a net worth of 
$22,890.68, being his appraised value of all his total assets, there being 
no liabilities against the same; that in addition to said financial statement 
he acquired two trucks in the year 1947, and that he is financially able 
to buy other trucks and equipment when and if the same are needed. 
He testified that he had had requests to haul freight from a territory 
without that which he now holds authority to operate within, and in 
the state of North Carolina; that these requests have come often; that 
he does have interstate rights; and that under such rights he operates 
from an area of 100 miles from Woodland, North Carolina to points and 
places within the State of North Carolina, and other points and places 
without the State of North Carolina; that among the requests he has 
had for service to other points, other than that which he holds opera- 
tional rights, are various places throughout the state of North Carolina 
but that the same do not go west of Cliffside in Rutherford County or 
the Blue Ridge Mountains in the western part of the state. 

On cross examination he testified that he had had no request to move 
between Durham and New Bern, between Durham and Goldsboro, be- 
tween Durham and Kinston, nor request to move between Raleigh and 
New Bern, between Raleigh and Goldsboro or between Raleigh and 
Kinston, nor request to move between Wilmington and Goldsboro, be- 
tween Raleigh and Wilmington, between Raleigh and Henderson, or 
between Raleigh and Durham; he stated that the list attached to his 
application included all the points of greatest distance of which he had 
had calls and demand for shipment; the applicant listed the commodities 
which he had received requests to transport and stated that all were in 
truck load lots, and that there was no demand for mixed truck load 
lots; he further testified that the list covered most of the commodities, 
which he had demand to transport, but that demand came largely under 
the title of general commodities. 

V. E. Taylor, witness for the applicant, testified that "he is a resident 
of Rich Square, North Carolina and is the manager of the Rural Electrifi- 
cation Corporative organization in that territory; that he has used 
Joyner Trucking Company's services frequently and had always found 
the same to be good; that in his business it is necessary to haul materials 
at frequent intervals to and from the local warehouse to various points 



308 N. C. Utilities Commission 

throughout the state of North Carolina; that in the past he has had 
occasion to haul equipment from Lexington to Rich Square, North Caro- 
lina and from Waynesville to Rich Square, North Carolina, as well as 
frequent other uses of transportation services throughout said state; 
that he expects this business to expand; that he desires to use the serv- 
ices of the Joyner Trucking Company because the same is located in 
close proximity of the business he manages and because the service is 
excellent; he testified in his opinion there was public necessity and con- 
venience demanding the services of the applicant; on cross examination 
he testified that the only need he had personal knowledge of was to go 
out and bring shipments into his company. 

Miss Warmack testified that she is the bookkeeper for her father's 
business located at Roxobel, North Carolina; that the applicant hauls 
lumber for said concern; that said concern produced three to three and 
one-half million feet of lumber last year and that the Joyner Trucking 
Company hauled much of the same; that said services were entirely 
satisfactory; that there was a need and a demand to transport lumber 
from the plant for which the witness kept books to all sections of the 
state of North Carolina; that there was public need for the transporta- 
tion services of the applicant in that area, and the same would serve 
as a great convenience to said section; on cross examination she testi- 
fied that all freight hauled by the applicant for her concern originated 
at the plant in Roxobel. 

M. M. Parker, bookkeeper for a peanut company located at Roxobel, 
testified that the applicant had hauled peanuts and peanut hulls to and 
from various and sundry points for the concern where he was employed; 
that the market changes from time to time and, therefore, there is no 
definite established points or destinations for products to be shipped; 
that it would be a great convenience and would serve a public neces- 
sity for the applicant to have state-wide authority to operate his truck- 
ing service into all parts of North Carolina; on cross examination the 
witness testified that all hauling originated or terminated in Roxobel 
with which he had any personal knowledge. 

W. E. Bryant, an agent for the Standard Oil Company, and manager 
of their bulk plant located at Woodland, North Carolina, testified that 
his concern had made frequent use of the services of the applicant and 
that the best transportation services they have been able to obtain in 
that section were those furnished by the applicant; that among other 
things the applicant hauled tanks, pumps, signs, posts and other prod- 
ucts for this concern; he testified that the granting of the applicant's 
application would be a convenience to the general public of that section 
and would serve a now necessary need which they have for such 
services. 

I. M. Porter of Raleigh, North Carolina, testified that he is traffic 
manager of the North Carolina Cotton Growers Association; that cotton 
is stored by the Association all over the state of North Carolina from 
a western point located at Shelby eastward throughout the entire state; 
that they have shipments moving to mills all over the State of North 



Decisions and Adjustments of Complaints 309 

Carolina and as far west in said state to Asheville; that it is convenient 
to the Association to have a trucking service located near the various 
warehouses; and that there is a warehouse located in the immediate 
territory near to the applicant's home office in Woodland, North Caro- 
lina; that the applicant has hauled cotton for the Association within the 
radius for which he applies for rights and from said radius to all points 
in the state of North Carolina; he further testified that this service was 
most convenient to the public and served to satisfy a necessity of the 
same. On cross examination he testified that all hauling either origi- 
nated or terminated at the warehouse of the Association. 

Ralph Benthal testified that he was manager of the cotton ware- 
house located at Woodland, North Carolina; that the Joyner Trucking 
Company hauled cotton from said warehouse to mills all over the state 
of North Carolina, and including mills as far west as Asheville; that 
the applicant's service satisfied the needs of the public in that section 
and constituted a great convenience to the same. 

J. N. Brown, witness for the applicant, testified that he was in the 
fruit and vegetable packing business near Woodland, North Carolina, 
and that as such he had occasion to call for the services of the applicant 
to transport products from his business to all sections of the state of 
North Carolina; that in his opinion there was a need for such services 
and that the same constituted a great convenience to the public. 

William Timberlake, witness for the applicant, testified that he was 
in the business of manufacturing caskets, which were shipped to all 
points in the state of North Carolina; that they used the services of the 
applicant in the transportation of the same and that the service was 
good; that service supplied by the applicant filled a great need and a 
great convenience insofar as his concern was concerned, and in his opin- 
ion there was public need for the same. 

The applicant moved to amend his application, which motion was 
allowed, and the following is a verbatim copy of said amendment: 

"Now comes Wingate G. Joyner, the owner and operator of Joyner 
Trucking Company and the applicant in the above captioned applica- 
tion, and moves the Commission as follows: 

That the application previously filed in this matter for operating 
rights within the State of North Carolina be amended as follows: 

That within that area which is bounded by the arc of a circle with 
a radius of 100 miles from the center in Woodland, North Carolina, said 
area being all of that part of the circle which lies wholly in the State of 
North Carolina, the applicant be granted rights to haul between any 
and all points within said area; and that further applicant be granted 
rights to haul from any point within said area, in truck load lots, to 
any point within the State of North Carolina; and from any point within 
the State of North Carolina to any point within the above described 
area. 



310 N. C. Utilities Commission 

That all of said transportation shall be in truck load lots without 
any pickup or delivery between the point of origin of the shipment and 
the destination of the shipment." 

The protestants offered no evidence but at the close of the protestant's 
testimony moved to dismiss the same insofar as the granting of the 
application for the right to transport general commodities was con- 
cerned and asked that said applicant's authority be limited to only those 
specific items as shown by the testimony; the protestant further moved 
that the application based upon his showing, should be confined to serve 
within an area which is bounded by the arc of a circle within a radius 
of 50 miles from the center in Woodland, North Carolina, said area 
being all that part of the circle which lies wholly in the state of North 
Carolina. 

Based upon the foregoing evidence and records in this cause, and 
in view of the stipulations above set forth and the amendment to the 
application of the applicant, the hearing Commissioner finds the follow- 
ing facts: 

1. That the applicant has brought himself within the provisions of 
Section 11 of the North Carolina Truck Act, such as to entitle him to 
a certificate based upon public need and convenience to serve in the 
area hereinafter designated in the state of North Carolina, and to trans- 
port commodities hereinafter designated. 

2. That the applicant has shown public convenience and necessity 
for his service in the transportation of the commodities hereinafter 
designated, within the area hereinafter designated. 

3. That the applicant shows sufficient equipment, and is in position 
to provide additional equipment, if necessary, so as to accurately and 
properly render the service necessary to the public, for the commodi- 
ties hereinafter designated and in the area hereinafter designated; that 
the applicant is financially able to comply with all necessary require- 
ments in keeping with said service. 

Based upon the foregoing findings of fact the hearing Commissioner 
concludes that the applicant has made sufficient showing to entitle him 
to a certificate and franchise to operate as a common carrier, in intra- 
state service, over irregular routes, and for the transportation of all 
commodities hereinafter designated, within the area hereinafter desig- 
nated, and that the applicant has shown from the testimony that he is 
entitled to transport the commodities falling within what is known as 
Group No. 1, or general commodities, in view of the large variety of 
commodities, which there is a public necessity to transport within the 
area hereinafter allowed to the applicant; and that all said transporta- 
tion should be in truck load lots, without any pickup or delivery between 
the point of origin of a shipment and the destination of a shipment. 

IT IS, THEREFORE, ORDERED: 

That certificate of franchise be issued to the applicant, authorizing 



Decisions and Adjustments of Complaints 311 

the applicant to operate as a common carrier, in intrastate service, by 
motor truck, over irregular routes, between points and places designated 
as follows: 

Within an area which is bounded by the arc of a circle within a 
radius of 75 miles from the center in Woodland, North Carolina, said 
area being all of that part of the circle which lies wholly in the state 
of North Carolina (save and except territory declared herein to be 
without said radius), and between any and all points within said area 
and from any point within said area to any point within the State of 
North Carolina, and from any points within the state of North Carolina 
to any point within said area, in truck load lots only. 

EXCEPTION: — There is excepted and not included in said area 
designated herein above, within the arc of said circle, within a radius 
of 75 miles from the center in Woodland, North Carolina, the city of 
Raleigh, North Carolina, if the said city of Raleigh is within said 75 
mile area; it being clearly the intention of the Commissioner to exclude 
the city of Raleigh from said area within the arc of the circle above 
described, if it be found that the said city of Raleigh actually lies within 
the same. 

And that the applicant be, and he is hereby allowed certificate en- 
titling him to transport the following commodities within said area: 

1. General Commodities. This group includes property, the trans- 
portation of which does not require special equipment or vehicle for 
hauling, loading or unloading or any special or unusual service in con- 
nection therewith. 

2. Agricultural Commodities. This group includes unmanufactured 
farm, dairy, and orchard products, including wheat, corn, oats, peanuts, 
potatoes, melons, fruits, vegetables, cotton seed, cotton seed meal and 
hulls, seeds, feeds, poultry, eggs, and other farm produce. This group 
includes cotton in bales and leaf tobacco from farms to market but 
does not include cotton in bales as defined in Group 7, nor does it in- 
clude leaf tobacco and accessories as defined in Group 20. 

3. Cotton in Bales. This group includes the movement of cotton in 
bales in truck loads from markets or places of storage to other places 
of storage, manufacturing, or shipping points. 

4. Fertilizer and Fertilizer Materials. This group includes ordinary 
commercial fertilizer, fish scrap, lime, manure, and related soil fertiliza- 
tion materials in truck loads. 

5. Forest Products. This group includes logs, poles, piling, pulp- 
wood, crossties, slabs, fence posts, and other raw products of the forest. 
It does not include finished or processed products derived from such 
raw products nor does it include commodities described in Group 10. 

6. Building Materials. This group includes lumber, rough or 
dressed, flooring, weatherboarding, sheeting, roofing, cut stone, slats, tile. 



312 N. C. Utilities Commission 

brick, cement, and cinder blocks, and other building materials usually 
transported in flat-bed trucks, but does not include materials hauled in 
dump trucks. 

7. Dump Truck Operations. This group includes the transportation 
of sand, gravel, dirt, debris, coal, and other materials in bulk in dump 
trucks. 

8. Family Moving. This group includes all goods, effects, and prop- 
erty of an individual family or householder moved as a unit from one 
residence to another or to or from a temporary place of storage. It 
does not include new furniture, fixtures, or property of stores, offices 
and institutions. 

It is further ordered that a copy of this order be mailed to the ap- 
plicant, a copy to the applicant's attorney, and a copy to the attorneys 
for the protestants. 

Issued by order of the Commission. 

This 8th day of October, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-113 

ORDER 

APPLICATION OF: D. L. Youngblood, d/b/a 
K & Y Motor Lines 
Fletcher, North Carolina 

HEARD IN: Raleigh, North Carolina, on November 9, 1949 

BEFORE: M. B. Glover, Examiner 

APPEARANCES: 

For the Applicant: 

Charles Ross, Attorney at Law, Lillington, N. C. 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C, 
for Fredrickson Motor Express, Charlotte, N. C; Mrs. Mabel D. 
Burton, d/b/a Helms Motor Express, Albemarle, N. C; and Miller 
Motor Express, Charlotte, N. C. 

GLOVER, EXAMINER: This is an application filed with the Utilities 
Commission on September 17, 1947, under the provisions of Section 7 
of the North Carolina Truck Act. The applicant seeks a certificate to 
transport general commodities, except those requiring special equip- 
ment, over irregular routes between all points and places on and west 
of the following described boundary: From the Virginia-North Carolina 
State Line via U. S. Highway 301 to its intersection with U. S. High- 



Decisions and Adjustments of Complaints 313 

way 117, thence U. S. Highway 117 to its intersection with N. C. High- 
way 102, thence N. C. Highway 102 to its intersection with U. S. Highway 
301, thence U. S. Highway 301 to the North Carolina-South Carolina 
State Line. From Canton to Plymouth. 

Upon an analysis of the application, the Commission on October 11, 
1948, issued temporary authority to said applicant authorizing opera- 
tions as an irregular common carrier as follows: General commodities, 
except those requiring special equipment, over irregular routes between 
all points and places on and west of U. S. Highway 29. Applicant on 
November 26, 1948, filed exceptions to said temporary authority con- 
tending that said authority did not give to it authority to operate into, 
out of, and over all the territory served by it in the year of 1946. The 
Commission, upon reviewing said application and the temporary author- 
ity heretofore granted, issued revised temporary authority on Decem- 
ber 29, 1948, as follows: General commodities, except those requiring 
special equipment, over irregular routes between all points and places 
on and west of the following described boundary: From the Virginia- 
North Carolina State Line via U. S. Highway 301 to its intersection 
with U. S. Highway 117, thence U. S. Highway 117 to its intersection 
with N. C. Highway 102, thence N. C. Highway 102 to its intersection 
with U. S. Highway 301, thence U. S. Highway 301 to the North Caro- 
lina-South Carolina State Line. From Canton to Plymouth. 

Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a Helms 
Motor Express and Miller Motor Express filed protest to said applica- 
tion on September 12, 1949. The Transport Corporation, of Blackstone, 
Virginia, filed protest on September 12, 1949, to applicant's authority 
to haul unmanufactured leaf tobacco and related commodities described 
in N. C. U. C. Docket 2417. 

The case was set for hearing on November 9, 1949, and referred to 
M. B. Glover, Examiner, by order of the Utilities Commission on No- 
vember 8, 1949, for a report and recommended order. 

At the time of hearing, applicant offered in evidence the original 
application, together with the exhibits thereto attached, the revised 
temporary authority and oral testimony by L. L. Pipes, Office Manager 
for applicant. 

Exhibit C-2 (Sheets 1 to 5 inclusive) of said application shows ex- 
tensive and frequent movements of freight made in the year 1946. 
Said exhibit shows that approximately 215 movements were made 
during the year 1945 and with a very few exceptions said movements 
were made on and east of U. S. Highway 25, including Canton and Enka, 
and on and west of U. S. Highway 1. 

Upon consideration of the application, the exhibits thereto attached 
and the oral testimony, the Examiner finds: 

(1) That said application was properly filed and classified under 
Section 7 of the North Carolina Truck Act, within the time required 
by said section, and in compliance with the provisions thereof. 



314 N. C. Utilities Commission 

(2) That said applicant was in bona fide operation as an irregular 
route common carrier of property by motor vehicle in intrastate com- 
merce during the year 1946, was so operating on January 1, 1947, and 
has continued to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and the territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
an irregular common carrier of property by motor vehicle in intrastate 
commerce as particularly set out in Exhibit B hereto attached, and made 
a part hereof. 

(b) That a copy of the findings and order herein be mailed to appli- 
cant, a copy thereof to applicant's attorney, and a copy thereof to counsel 
for the protestants, and that a formal certificate be issued to the appli- 
cant in accordance with the findings and order herein. 

Issued by order of the Commission. 

This 9th day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-113 D. L. Youngblood, d/b/a K & Y Motor Lines, 
irregular route common carrier, Fletcher, North 
Carolina 

EXHIBIT B General commodities, except unmanufactured leaf 

tobacco and related commodities described in 
N. C. U. C. Docket 2417, between all points and 
places on and east of U. S. Highway 25, includ- 
ing Canton and Enka, and all points and places 
on and west of U. S. Highway 1 in North Caro- 
lina. 

Limitation: Truck load only. 



DOCKET NO. T-656 

FINAL ORDER 

APPLICATION OF: J. L. Keith 

Wake Forest, North Carolina 

HEARD IN: Raleigh, North Carolina, on March 9, 1949 



Decisions and Adjustments of Complaints 315 

BEFORE: . Fred C. Hunter and R. G. Johnson, Commissioners 

APPEARANCES: 

For the Applicant: 

Lawrence Harris, Attorney at Law, Wake Forest, North Carolina 

By the application herein as amended, filed under the provisions of 
Section 11 of the North Carolina Truck Act, the applicant seeks a Cer- 
tificate of Public Convenience and Necessity authorizing the transporta- 
tion of cotton in bales to and from points throughout the State; fertilizer 
and fertilizer materials from the manufacturer thereof wherever located, 
and from storage and shipping points on and east of U. S. Highway 29 
to points and places within thirty-five miles of Wake Forest; building 
materials to and from points and places within thirty-five miles of Wake 
Forest and from points and places throughout the State to said area 
within thirty-five miles of Wake Forest. Certain protests were filed to 
the application, all of which were withdrawn. Upon the amendment 
of the application as above set out, the applicant offered oral testimony 
in support of said application as amended, and also offered a number 
of shipper witnesses whose testimony was to the effect that the service 
now proposed is greatly needed by the public and will be used if made 
available. 

Upon consideration of all the testimony adduced at the hearing, the 
Commission finds public convenience and necessity for the proposed 
service to the extent set out in Exhibit B, hereto attached and made 
a part hereof, and the Commission further finds that said applicant 
is qualified to perform the service to the extent set out in said Exhibit. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be, and is hereby, granted authority to operate 
as a common carrier in intrastate commerce over irregular routes in 
the transportation of the commodities described within the territory de- 
scribed, as particularly set out in said Exhibit B, subject to the follow- 
ing conditions: 

(a) That the operations under the authority herein granted shall 
begin within 30 days from the date hereof, and shall not thereafter 
be suspended or discontinued without notice to and written consent 
from the Commission. 

(b) That within 30 days from the date hereof, and before begin- 
ning operations, the applicant shall (1) file with the Commission on 
Form N. C. M. C. 19 a full and complete description of each truck, 
tractor and trailer to be used in the operation, (2) file with the Commis- 
sion certificates of insurance on forms N. C. M. C. 22 and 23, and (3) 
print and file with the Commission tariffs, as required by Section 25 
(2) of said Truck Act, showing all rates and charges to be made for 
or in connection with the transportation services herein authorized. 

2. That this cause be retained for such other or further orders as 



316 



N. C. Utilities Commission 



may be made upon consideration of exceptions, if any, filed to the 
findings and order herein within the time allowed by law. 

Issued by order of the Commission. 

This nth day of March, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 

Attest: 



Elsie G. Riddick, Chief Clerk 

DOCKET NO. T-656 J. L. Keith, Wake Forest, North Carolina 
Irregular route common carrier 



EXHIBIT B 



Transportation of cotton in bales to and from all 
points within the State; fertilizer and fertilizer 
materials from the manufacturing plants thereof 
wherever located and from shipping and storage 
points on and east of U. S. Highway 29 to points 
and places within 35 miles of Wake Forest; 
building materials to and from points and places 
within 35 miles of Wake Forest and from points 
and places throughout the State to said area 
within 35 miles of Wake Forest. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-364 

ORDER 

N. V. Keith, d/b/a Keith's Motor Line, Hawkins 
Avenue Ext., Sanford, North Carolina 

Raleigh, North Carolina, September 8, 1949 

Edward H. McMahan, Commissioner 



For the Applicant: 

James E. Wilson, Attorney at Law, Mayflower Office Bldg., Wash- 
ington, D. C. 

For the Protestants: 

Fredrickson Motor Express, Miller Motor Express and Mrs. Mabel 
D. Burton, d/b/a Helms Motor Express by I. M. Bailey of the law 
firm of Bailey & Holding, Raleigh, N. C, and Thurston Motor 
Lines not represented by counsel. 

McMAHAN, COMMISSIONER:— On September 30, 1947 the appli- 
cant, N. V. Keith, doing business as Keith's Motor Line, filed application 
under Section 7 of the 1947 North Carolina Truck Act for authority to 



Decisions and Adjustments of Complaints 317 

transport general commodities, except articles of unusual value, ship- 
ments liable to damage other cargo and shipments requiring special 
equipment, over irregular routes from and to points and places within 
a radius of 125 miles of Sanford, North Carolina. 

Based upon said application as originally filed, the Commission issued 
temporary authority under an order dated May 24, 1948 restricting the 
authority of the application as is set forth in said original temporary 
order, and thereafter on the 9th day of July, 1948 the applicant filed 
exceptions to said temporary authority for the reason that the same 
restricted the applicant to the transportation of matches and sugar over 
irregular routes from Maxton to Fayetteville, North Carolina, and mo- 
tor oil from Rocky Mount to Wilson, North Carolina, and further stated 
"that irregular route operations are not authorized which would dupli- 
cate regular route operations," it being contended that the Commission 
failed to recognize the essential characteristics of a regular route and 
irregular route operations; it being further contended that the appli- 
cant indicated by the exhibits attached to his application that prior to 
January 1, 1947 he operated on a regular route as an irregular route 
carrier in the transportation of a wide range of commodities from and 
to the principal points within a radius of 125 miles of Sanford, North 
Carolina. 

Thereafter on August 14, 1948 the Commission revised temporary 
authority formerly issued, and issued to the applicant temporary au- 
thority to transport the following commodities between the following 
points and places: Matches and sugar over irregular routes from Max- 
ton, North Carolina to Fayetteville, North Carolina, in truck loads only; 
motor oil over irregular routes from Rocky Mount, North Carolina to 
Wilson, North Carolina, straight truck loads only; canned goods and 
flour over irregular routes from Durham, North Carolina to Chapel Hill, 
North Carolina, by straight truck loads only; canned goods over irregu- 
lar routes from Durham, North Carolina to Fayetteville, North Caro- 
lina, by straight truck loads only; and blankets, chairs, desks and trunks 
over irregular routes from Maxton, North Carolina to Charlotte, North 
Carolina, same being limited to truck loads only; and the Commission 
further provided in said temporary authority that irregular route opera- 
tions are not authorized which would duplicate regular route operations. 

At the hearing of this cause the applicant offered into evidence the 
original application, with all exhibits thereto attached, and including 
the temporary authority, together with exceptions filed by the appli- 
cant, and all said documents were duly and properly admitted into 
evidence. 

N. V. Keith, the applicant, testified in behalf of his application that 
he had been in the general trucking business from 1942 up to the pres- 
ent time, and that the type of service rendered by his concern consisted 
of the operation of trucks over irregular routes, to haul anything any- 
where, and that he solicited general commodities to be hauled to any 
point in the State of North Carolina, particularly in truck load move- 
ments; that during said time he had not maintained regular schedules, 



318 N. C. Utilities Commission 

but made the trip according to traffic, over the best route possible, and 
engaged in "personalized" service; that in 1942 his terminal was at Vass, 
North Carolina, then in 1944 the terminal was established at Sanford, 
North Carolina, and that since 1947 he had six terminals on a regular 
route certificate; he further testified that before January 1, 1947 he 
did not hold himself out as a regular route operator; that in 1947 he 
purchased two regular route certificates, the first being from Colonial 
Motor Lines of High Point, North Carolina, for the hauling of general 
commodities over U. S. Highway No. 29 from Charlotte, North Caro- 
lina to Greensboro, North Carolina, and over U. S. Highway No. 70 
through Durham, Raleigh and to New Bern, North Carolina; that ap- 
proval of this purchase was given by this Commission on December 2, 
1947; that he purchased from Black Motor Express a route to haul 
general commodities between Wilmington and Sanford, North Carolina 
over U. S. Highway No. 421, and from Wilmington over a route along 
U. S. Highway No. 17; that this purchase was approved by this Commis- 
sion on October 27, 1947; that he acquired a regular route operation 
to transport general commodities from New Bern, North Carolina over 
U. S. Highway No. 70 to Atlantic, North Carolina and all intermediate 
points in the year 1948. 

Upon consideration of the application and all exhibits thereto at- 
tached, together with the testimony of the applicant, and an examina- 
tion of the records of this Commission, all of which said records are 
on file with this Commission, and to which the said Commission takes 
judicial notice, the hearing Commissioner finds the following facts: 

1. That prior to the first day of January, 1947 the applicant was 
engaged in the general trucking business transporting various com- 
modities over irregular routes, between points and places included in 
a general area within a radius of approximately 125 miles of Sanford, 
North Carolina. 

2. That the application of the applicant was filed in apt time, and 
brings the applicant within the provisions of Section 7 of the 1947 North 
Carolina Truck Act, entitling him to what is familiarly known as 
"grandfather rights" to continue the same kind of transportation serv- 
ice rendered by the applicant prior to January 1, 1947. 

3. That exhibit 2 attached to the applicant's application sets forth 
a report of his operation for the month of March, 1946, and that the 
rgpplicant has chosen the said month of March, 1946 as being repre- 
sentative of the nature and extent of his operations from January 1, 
1947 to the date of filing of this application, and that the revised tem- 
porary authority issued by the Commission on August 14, 1948 gives 
to the applicant the right to transport all commodities listed in said 
exhibit 2, over irregular routes, between points and places also listed 
in said exhibit 2, excepting therefrom those commodities and points and 
places included in the regular route operations of the applicant. 

4. That the applicant now holds certificate for regular route opera- 
tions issued by this Commission as follows: 



Decisions and Adjustments of Complaints 319 

Certificate No. C 244. issued under Docket No. 4214 on October 21, 
1947, granting to the applicant regular route authority to transport 
general commodities, except those requiring special equipment, from 
Charlotte, North Carolina over U. S. Highway No. 29 to Concord, Kan- 
napolis, Salisbury, Lexington, Thomasville, High Point and Greensboro; 
thence over U. S. Highway No. 70 from Greensboro to Burlington, to 
Mebane, to Hillsboro, to Durham, to Raleigh, to Smithfield, to Selma, 
to Goldsboro, to Kinston, to New Bern, to Havelock, to Morehead City, 
to Beaufort, to Smyrna, to Davis, to Stacy and thence to Atlantic; be- 
tween Havelock over route No. 101, to Beaufort; from New Bern over 
U. S. Highway No. 17 to Jacksonville, to Holly Ridge, to Hampstead 
and thence to Wilmington; from Wilmington over route U. S. No. 117 
to Castle Hayne, thence over route No. 421 to Ward's Corner, to Har- 
rell's store, to Clinton, to Dunn, to Erwin, to Lillington, thence to the 
junction of U. S. route No. 87, and thence to Sanford, North Carolina. 

5. That the applicant holds certificate No. C 244 Exhibit B, issued 
under Docket No. 39, state-wide rights to transport cotton, fertilizer, 
peanuts, tobacco, tobacco materials throughout the entire state of 
North Carolina. 

6. That it appears from the file in this matter that on December 12, 
1947 an order was entered by this Commission permitting the appli- 
cant to sell and transfer all operating rights held in the name of N. V. 
Keith, doing business as Keith's Motor Line, to Keith Motor Lines, Inc.; 
and that Keith Motor Lines, Inc. is now the owner of all existing rights 
that are subject to this proceeding. 

It is the conclusion of this Commission that it would be contrary to 
the policy of the law of the State of North Carolina, as contained in 
the North Carolina Truck Act of 1947 to grant authority to transport 
general commodities over irregular routes, which would duplicate 
regular route operations, and therefore, the application of the applicant 
for authority to transport general commodities over irregular routes, 
between any points and places where he now holds regular route au- 
thority is denied. 

It is to be noted that the applicant holds temporary authority to 
transport motor oil over irregular routes between the city of Rocky 
Mount, North Carolina and the city of Wilson, North Carolina, and to 
this extent the applicant's route does not connect with any of his regu- 
lar route operations, and it is the opinion of the hearing Commissioner 
that the applicant should be granted additional authority to that al- 
lowed him by the temporary authority herein above referred to, so as 
to connect this irregular route to his regular route, and since said 
irregular route between Rocky Mount and Wilson is now in operation 
over Highway No. 301 between the two said cities, additional author- 
ity will be granted to the applicant to continue said irregular route 
operation between Rocky Mount and Wilson over Highway No. 301, 
along Highway No. 301 to Selma and Smithfield, North Carolina, thus 
connecting the same to the regular route operations of the applicant 
along and over U. S. Highway No. 70. 



320 N. C. Utilities Commission 

IT IS, THEREFORE, ORDERED: 

That the applicant be issued certificate in the name of Keith Motor 
Lines, Inc. for irregular route operations bewteen points and places, 
and to include the transportation of commodities as follows: Matches 
and sugar over irregular routes from Maxton, North Carolina to Fay- 
etteville, North Carolina, in truck loads only; motor oil over irregular 
routes from Rocky Mount, North Carolina to Wilson, North Carolina 
thence to Selma and Smithfield, North Carolina, straight truck loads 
only; canned goods and flour over irregular routes from Durham, North 
Carolina to Chapel Hill, North Carolina, by straight truck loads only; 
canned goods over irregular routes from Durham, North Carolina to 
Fayetteville, North Carolina, by straight truck loads only; and blan- 
kets, chairs, desks and trunks over irregular routes from Maxton, 
North Carolina to Charlotte, North Carolina, same being limited to 
truck loads only; and that irregular route operations are not authorized 
which would duplicate regular route operations. 

It is further ordered that a copy of this order be mailed to the appli- 
cant, and to the applicant's attorney, and a copy mailed to the protest- 
ants' attorney, and also a copy to the protestant not represented by 
counsel. 

Issued by order of the Commission. 

This 3rd day of October, 1949. 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T- 127. SUB 2 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 
The application of Kenan Oil Company 
of Durham, now Kenan Transport Com- 
pany of Durham, for a certificate authoriz- 
ing the transportation of petroleum prod- 
ucts in bulk in tank trucks throughout 
the State 

ORDER 

HEARD IN: Raleigh, North Carolina, on June 14, 1949 

BEFORE: Commissioners R. G. Johnson, Joshua S. James 

and Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

John T. Manning, Attorney at Law, HI Corcoran St., Durham, 
N. C. 



Decisions and Adjustments of Complaints 321 

For the Protestants: 

Vaughan S. Winborne, Attorney at Law, Raleigh, N. C. for Re- 
liable Transport, Inc., and others 

HUNTER, COMMISSIONER: Kenan Oil Company made application 
in September, 1947, for a certificate under the provisions of Section 7 of 
the North Carolina Truck Act for authority to transport petroleum 
products throughout the State. The date filed with said application 
showed that applicant, during the month of December, 1946, was trans- 
porting petroleum products to Hillsboro, Durham and Raleigh, and upon 
consideration of said application was granted authority to transport 
said products from the existing originating terminals at or near Wil- 
mington, Morehead City, Thrift, River Terminal, Friendship and Salis- 
bury to points and places in the counties of Orange, Durham and Wake, 
as will appear by reference to the Commission's order dated December 
17, 1948, in Docket No. T-127. 

With the written consent and approval of the Commission, Kenan 
Oil Company has sold and transferred its operating rights, obtained 
in said application in Docket No. T-127, along with certain rolling 
equipment, to Kenan Transport Company, a corporation, along with 
the right to any and all operating authority which may be granted 
upon consideration of the instant application, all of which will appear 
by reference to the Commission's order dated August 6, 1949, in Docket 
No. T-127, Sub 1. 

By reason of said sale and transfer, Kenan Oil Company no longer 
has any operating rights, and its successor, Kenan Transport Company, 
now holds operating rights as a common carrier of petroleum products 
from said originating points to points and places in the counties of 
Orange, Durham and Wake, and by this application seeks additional 
authority to transport petroleum products in bulk in tank trucks from 
said originating terminals to points and places throughout the State of 
North Carolina, and Kenan Transport Company is now the real party 
in interest in this proceeding. 

There is a marked difference in the proof required in support of an 
application under Section 7 and an application under Section 11. Sec- 
tion 7 is a grandfather provision, and public convenience and neces- 
sity is not an issue in such an application. The instant application is 
made under Section 11, which is the only Section under which appli- 
cations may now be made, and thus Section requires proof of a public 
demand and need for the proposed service. This means something more 
than a desire on the part of an applicant to perform the service, or that 
the applicant is able and willing to perform the service. The phrase 
"public demand and need" is used advisedly in the statute, and the 
Commission must find from the evidence that such a demand and 
need exists before it can lawfully authorize the proposed service. 

In this case four witnesses testified for the applicant; namely, Mr. 
Frank H. Kenan, Mr. W. A. Parker, Mr. Hugh Hussey and Mr. George 



322 ■ N. C. Utilities Commission 

London. Mr. Kenan is president of the Kenan Oil Company, and is 
president of the Kenan Transport Company. Mr. Hussey is president 
of Hussey Oil Company of Wilson, North Carolina. Mr. London is presi- 
dent of the London Oil Company of Raleigh, North Carolina. Fifty per 
'cent of the stock of the Hussey Oil Company and fifty per cent of the 
stock of the London Oil Company is owned by the Kenan Oil Com- 
pany, or by its president, Mr. Frank H. Kenan. The evidence is not 
clear as to whether this stock is owned by the corporation or by its 
president, Mr. Kenan. The Kenan Oil Company, the Hussey Oil Com- 
pany and the London Oil Company are all oil jobbers and are connected 
financially in the manner above set out. Even so, the testimony of the 
presidents of these three connected companies does not disclose the 
existence of any public demand and need for the proposed service 
throughout the State of North Carolina, or to any particular point or 
place in North Carolina with the possible exception of Wilson County. 
Mr. Kenan testified that he had received requests for service during 
the tobacco season, and that he had received requests for service from 
the Rogers Oil Company in Raleigh, an authorized petroleum carrier, 
and that he had also received requests for service from the Hussey Oil 
Company of Wilson, and from others, but not a single disinterested 
shipper or user of petroleum products appeared at said hearing. Mr. 
Hussey testified that his company has no need for service outside of 
Wilson County. Mr. London testified that Kenan Oil Company, now 
the predecessor of Kenan Transport Company, had served it, the said 
London Oil Company, in a satisfactory manner. Kenan Transport Com- 
pany needs no additional authority to serve the London Oil Company, 
or any other shipper or user in the counties of Orange, Durham or 
Wake, as it now has such rights. 

Mr. Parker testified that he is executive secretary of the North 
Carolina Oil Jobbers Association, and that he does not know of any case 
in which oil jobbers have failed to get service as needed, except dur- 
ing the period of oil shortage during the winter of 1947-1948. We find 
nothing from his testimony which suggests any public demand or need 
for additional petroleum carrier service in North Carolina. 

The foregoing is the substance of the testimony of witnesses appear- 
ing before the Commission for the applicant. The finding of public 
convenience and necessity for state-wide authority could not be sus- 
tained. 

Mr. G. B. Cooper, president of the Reliable Transport, Inc., author- 
ized petroleum carrier, and Mr. C. S. Schaub, owner of Apex Motor Line, 
also an authorized petroleum carrier, both appeared at said hearing 
and testified that their respective companies were then operating at 
about fifty per cent capacity, and that they had idle equipment avail- 
able for any additional service required. 

Upon consideration of all the testimony adduced at the hearing, 
the Commission finds public convenience and necessity for the proposed 
service to the extent set out in Exhibit B, hereto attached and made a 



Decisions and Adjustments of Complaints 323 

part hereof, and the Commission further finds that said applicant is 
quahfied to perform the service to the extent set out in said Exhibit. 

IT IS, THEREFORE, ORDERED: 

That Kenan Transport Company, successor to Kenan Oil Company, 
be, and is hereby granted authority to operate as a common carrier in 
intrastate commerce over irregular routes in the transportation of the 
commodities described within the territory described, as particularly 
set out in said Exhibit B, subject to the following conditions: 

(a) That the operations under the authority herein granted shall 
begin within 30 days from the date hereof, and shall not thereafter be 
suspended or discontinued without notice to and written consent from 
the Commission. 

(b) That within 30 days from the date hereof, and before beginning 
operations, the applicant shall (1) file with the Commission on Form 
N. C. M. C. 19 a full and complete description of each truck, tractor 
and trailer to be used in the operation, (2) file with the Commission 
certificates of insurance on Forms N. C. M. C. 22 and 23, and (3) print 
and file with the Commission tariffs, as required by Section 25 (2) of 
said Truck Act, showing all rates and charges to be made for or in 
connection with the transportation services herein authorized. 

Issued by order of the Commission. 

This 24th day of August, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-127, Sub 2 Kenan Transport Company, Inc., Irregular 

route common carrier, Durham, North 
Carolina. 

EXHIBIT B Transportation of petroleum products in 

bulk in tank trucks, from existing originat- 
ing points at or near Wilmington, More- 
head City, River Terminal, Thrift, Friend- 
ship and Salisbury to points and places in 
the County of Wilson, North Carolina. 



DOCKET NO. T-365 

PROPOSED FINAL ORDER 

APPLICATION OF: Kilgo Transfer Company, Inc. 

Charlotte, North Carolina. 

HEARD IN: Raleigh, North Carolina, February 3, 1949 

BEFORE: Fred C. Hunter, Commissioner 



324 N. C. Utilities Commission 

APPEARANCES: 

For the Applicant: 

William T. Hatch, Attorney, Raleigh, North Carolina 

For the Protestant: 

I. M. Bailey, Bailey and Holding, Raleigh, North Carolina, for 
Fredrickson Motor Express Corporation, Charlotte, North Carolina; 
W. W. Miller, Jr., d/b/a W. W. Miller Motor Express, Charlotte, 
North Carolina; and Mrs. Mabel D. Burton, d/b/a Helms Motor 
Express, Albemarle, North Carolina 

Upon the call of this application for hearing, the applicant moved that 
protests be dismissed, motion overruled and applicant excepted. Appli- 
cant then offered the application in evidence and rested. Protestants of- 
fered no testimony, but moved that the application be dismissed, motion 
overruled, protestants excepted. 

Upon consideration of the above application, the Commission finds: 

( 1 ) That said application was field under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle intrastate commerce during the year 
1946, was so operating on January 1, 1947, and has continued to so operate 
since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibits A and B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibits A and B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause; that unless ex- 
ceptons shall be filed thereto by the applicant or by a protestant of :record 
within ten (10) days after receipt of such copy, the order herein shall be- 
come effective as the final order and decisions of the Commission in this 
cause, and a formal certificate shall be issued to the applicant. 

Issued this 10th day of February, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson. CoTnmissioner 



Decisions and Adjustments of Complaints 325 

Attest: 

Elsie G. Riddick, Chief Clerk 

DOCKET T-365. Kilgo Transfer Company, Inc. 
2041 South Try on Street 

Charlotte, North Carolna (Regular and irregular 
route common carrier) 

EXHIBIT A — General Commodities, except those requiring special 
equipment. 

Regular Routes 
From Davidson over U. S. Hy. 21 to Charlotte, thence 
over U. S. Hy. 74 to Marshville and return, serving 
all intermediate points. 

EXHIBIT B — General Commodities, except those requiring special 
equipment. 

Irregular Routes 
From Charlotte to Gastonia, Shelby, Hickory, Win- 
ston-Salem and Greensboro. 

EXCEPTIONS — Irregular route operations are not 
authorized which would duplicate regular route op- 
erations. 

DOCKET NO. T-665 

FINAL ORDER 

APPLICATION OF: Lee Kirkman 

Mount Airy, North Carolina 

Notice of the above application, filed under provisions of Section 11 of 
the Truck Act, was given as required by said notice. Pursuant to the 
provisions of said Section 11 (5),- said application was considered and 
passed upon without a hearing. 

The Commission finds public convenience and necessity for the pro- 
posed service to the extent particularly set out in Exhibit B hereto at- 
tached, and further finds that said applicant is qualified to perform the 
proposed service. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be, and is hereby, granted authority to operate 
as a common carrier in intrastate commerce over irregular routes in the 
transportation of the commodities described within the territory de- 
scribed, as particularly set out in said Exhibit B, subject to the following 
conditions: 

(a) That the operations under the authority herein granted shall be- 
gin within 30 days from the date hereof, and shall not thereafter be 



326 



N. C. Utilities Commission 



suspended or discontinued without notice to and written consent from 
the Commission. 

(b) That within 30 days from the date hereof, and before beginning 
operations, the applicant shall (1) file the Commission on Form N. C. 
M. C. 19 a full and complete description of each truck, tractor and trailer 
to be used in the operation, (2) file with the Commission certificates of 
insurance on Forms N. C. M. C. 22 and 23, and (3) print and file with 
the Commission tariffs, as required by Section 25 (2) of said Truck Act, 
showing rates and charges to be made for or in connection with the trans- 
portation services herein authorized. 

2. That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the findings 
and order herein within the time allowed by law. 

Issued by order of the Commission. 



Ths 26th day of April, 1949. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Comm,issioner 



Atthbt: 



Elsie G. Riddick, Chief Clerk 

DOCKET T-665 Lee Kirkman, Irregular Route Common Carrier, 
Mount Airy, North Carolina 

EXHIBIT B 

Rough and cut stone used for building and monu- 
■ mental purposes, from Mount Ary to points and 
places throughout the State, and from points and 
places throughout the State to Mount Airy. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-109, SUB 2 

ORDER 

J. B. Kittrell & Company, Inc. 
Greenville, North Carolina 

Raleigh, North Carolina, on June 12, 1950 

Stanley Winborne, Commissioner 



For the Applicant: 

Dan H. Jones, Attorney at Law, Farmville, N. C. 

For the Protestants: 

I. M. Bailey, Attorney for Fredrickson Motor Express, Miller 
Motor Express and Helms Motor Express 

J. E. Bullock, Traffic Manager of Thurston Motor Lines, Inc. 
Wilson, N. C. 



Decisions and Adjustments of Complaints 327 

WINBORNE, CHAIRMAN. 

THIS CASE came on for hearing and was heard before the Commis- 
sion on June 12, 1950, upon a petition filed by J. B. Kittrell & Company, 
Inc., under Section 11 of the Truck Act of 1947, effective June 1, 1948, 
in which the applicant asked for a franchise certificate to operate over 
irregular routes within a radius of 150 miles of Greenville, North Caro- 
lina. 

Affidavit of publication of notice and the financial statement of the 
applicant were both offered and received in evidence. 

At the outset of the hearing it was stated by Mr. I. M. Bailey, Attorney 
for Fredrickson Motor Express, Miller Motor Express and Helms Motor 
Express and by J. E. Bullock, Traffic Manager of Thurston Motor Lines, 
Inc., all of which trucking companies had filed protests in this cause, that 
an agreement had been reached between the applicant and their re- 
spective clients, which if approved by the Commission, their respective 
protests would be withdrawn. According to said agreement which was 
read into the record, the applicant was to change its request for a certifi- 
cate over irregular routes within a radius of 150 miles of Greenville to 
150 miles of Washington, N. C, and that it would ask only for the right 
to transport commodities from Washington, the point of origin, to various 
destination points within said radius of 150 miles without any right to 
transport any commodities from any such destination points on return 
trips. Mr. Dan H. Jones, Farmville, N. C, Attorney for the applicant, 
stated that said agreement was made and accepted by his client. 

In response to question asked by the Hearing Commissioner in refer- 
ence to the change of the origin point from Greenville to Washington as 
it might affect either an enlargement or curtailment of the area for which 
certificate was originally sought, a map was exhibited which revealed 
that Washington was east of Greenville and by a change of origin point 
to Washington the 150 mile area to the west would be lessened by ap- 
proximately 20 miles and increased in said amount on the east, but that 
on the east side the 150 miles would extend out into the Atlantic Ocean 
and would, therefore, give no additional rights on the east which could 
be used. 

The applicant then placed upon the stand Mr. J. B. Kittrell, Jr., 
Secretary and Treasurer of the applicant company, who testified vhat 
he had grandfather rights over a large part of the territory already, and 
there was great need for an irregular route service from Washington to 
various nearby points for the distribution of: 

1. Canned goods, primarily canned foods but including all articles 
usually or customarily retailed in cans, and 

2. Sugar, refined and ready for consumption. 

The witness Kittrell testified that there was no demand for return 
trip rights and that none were asked for — it was to be a one-way service 
from Washington. 



328 N. C. Utilities Commission 

Upon a consideration of the agreement between the parties, as stated 
in the record and the testimony of the Witness Kittrell, it is found as a 
fact: 

1. That convenience and necessity has been shown for an irregular 
franchise truck service from Washington to various points within a radius 
of 150 miles of Washington, or as far as the Atlantic Ocean will permit 
said service on the east of Washington, without the right to transport 
any commodities on the return trips. 

2. That the applicant is financally able and has sufficient equipment 
to provide satisfactory service. 

WHEREFORE IT IS ORDERED; 

(a) That said applicant be and is hereby authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to che 
applicant and attorney for the applicant and attorneys for the protestants 
of record in this cause and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by order of the Commission. 

This 22nd day of June, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-109, SUB 2 J. B. Kittrell & Company, Inc., 

Irregular Route Common Carrier 
Greenville, North Carolina 

EXHIBIT B Transportation over irregular routes 

from Washington, North Carolina, with- 
out return trip rights: 

(1) Canned goods, primarily canned 
foods but including all articles us- 
ually or customarily retailed in 
cans. 

(2) Sugar, refined and ready for con- 
sumption. 

DOCKET NO. T-95 
ORDER 

APPLICATION OF: Charles H. Lancaster, Goldsboro, North Carolina 
HEARD IN: Raleigh, North Carolina, on November 2, 1949 



Decisions and Adjustments of Complaints 329 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

W. Frank Taylor, Attorney at Law, Goldsboro, North Carolina 

For the Protestants: 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
North Carolina, for Fredrickson Motor Express and Mrs. Mabel D. 
Burton, d/b/a Helms Motor Express 

HUNTER, COMMISSIONER. This is an application filed on Sep- 
tember 13, 1947, for a certificate under the provisions of Section 7 of the 
North Carolina Truck Act. The data required by said section is attached 
to said application in the form of exhibits, including among other things 
a report of shipments handled during the year 1946. The applicant 
offered in evidence said application, including said exhibits, and in fur- 
ther support of said application testified that he was engaged in the 
transportation of property during the entire year 1946, and prior thereto, 
and that he had continued such operations up to the time of said hearing. 
He further testified that the temporary authority issued to him by the 
Commission under the provisions of Section 10 of said Act fairly repre- 
sented the nature and scope of his operations during the year 1946, on 
January 1, 1947, and subsequent to that time. 

The services shown to have been performed during the year 1946 con- 
sisted almost exclusively of operations to or from Goldsboro; that is the 
shipments handled by the applicant either originated or terminated at 
Goldsboro. The applicant's report of actual operations during 1946 shows 
a total of 161 shipments handled during the year, and of this number, 
156 shipments either originated or terminated at Goldsboro, leaving only 
5 shipments which moved from or to points other than Goldsboro. The 
applicant appears to have served approximately fifty (50) towns in the 
State during the years of 1946, located in almost all sections of the State 
from the coast to points as far west as Shelby, Morganton, Marion, Black 
Mountain and Oteen. The commodities transported were of general na- 
ture and can only be classified as general commodities. Such appears to 
be the nature and scope of the applicant's actual operations during the 
year 1946, and differ somewhat from the temporary authority issued to 
said applicant. 

The protestants offered no testimony. 

Upon consideration of the application, the exhibits attached thereto, 
and the testimony of the applicant, the Hearing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the year 



330 N. C. Utilities Commission 

1946, was so operating on January 1, 1947, and has continued to so operate 
since that time. 

3. That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, to the applicant's attorney, and to the counsel for the protes- 
tants in this cause, and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by Order of the Commission 

This 21st day November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-95 Charles H. Lancaster, 

Irregular route common carrier, 



EXHIBIT B 



Goldsboro, North Carolina 



General commodities, except those 
requiring special equipment. 

1. From Goldsboro to points and 
places on and east of U. S. High- 
way 25 extending in a general 
north and south direction through 
Asheville. 

2. From points and places on and east 
of said U. S. Highway No. 25 to 
Goldsboro. 



DOCKET NO. T-41 

ORDER 

APPLICATION OF: Wade L. Thompson, d/b/a Lenoir Transfer 
Company, Lenoir, North Carolina 

HEARD IN: Raleigh, North Carolina, on October 18, 1949 

BEFORE: Fred C. Hunter, Commissioner 



Decisions and Adjustments of Complaints 331 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Box 127, Greensboro, N. C. 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C. 
For Fredrickson Motor Express of Charlotte, N. C. 

HUNTER, COMMISSIONER. The above application was filed with 
the Commision on August 27, 1947, for a certificate under the provisions 
of Section 7 of the North Carolina. Truck Act. The applicant offered in 
evidence at the hearing the application with the exhibits thereto attached 
and made a part thereof, the temporary authority issued to said appli- 
cant by the Commision on October 11, 1948, the exceptions filed to said 
temporary authority by the applicant on December 17, 1948, and the 
revised temporary authority issued by the Commission to the applicant 
on January 13, 1949. The applicant testified in his own behalf that he 
began operations as a carrier of property by motor vehicle during the 
year 1945, that he continued to operate during the year 1946, was operat- 
ing on January 1, 1947, and has been continuously engaged in the trans- 
portation of property since that time. 

The revised temporary authority above-referred to authorizes trans- 
portation of general commodities, except those requiring special equip- 
ment, between points and places within a radius of 75 miles of Lenoir, 
including Hazelwood and High Point, and also authorizes the transporta- 
tion of household goods from all points and places in the counties of 
Craven, Alamance, Gaston, Caldwell, Burke, Davidson, Wilson and Wake 
on one hand, to points and places in the counties of Catawba, Caldwell, 
Guilford, Forsyth, Iredell, Gaston, Mecklenburg, Surry, Buncombe, 
Durham, Davidson, Pitt, Alamance, Rockingham, and Rutherford on the 
other hand. A detailed analysis of the operations of said carrier for the en- 
tire year of 1946 does not appear to wholly support the temporary author- 
ity so issued. As authorized by Section 7 (b) of the Truck Act, the appli- 
cant filed with the application a report of each and every shipment trans- 
ported during the entire year 1946, and for each month separately. This 
report shows 2,465 shipments handled during the year 1946 as follows: 
January, 226; February, 190; March, 185; April, 220; May, 219; June, 219; 
July, 179; August, 179; September, 212; October, 229; November, 210; 
and December, 197. Of this total of 2,465 shipments, all except 4 origi- 
nated or terminated in the counties of Caldwell, Burke and Catawba, 
from which it appears that all movements during 1946, with the excep- 
tion of four, were wholly within said three counties, or moved to and 
from said counties. Such an operation does not support a finding of 
movements to and from places within a radius of 75 miles of Lenoir. 
A very large majority of the shipments reported originated in Hickory, 
Lenoir and Valdese; for example, during the last three months of 1946, 
applicant transported 636 shipments of which 230 originated at Hickory, 
209 at Lenoir, and 94 at Valdese, or a total of 533 shipments originating 
at said three points, leaving only 103 originating at other points within 
and outside of said three counties. Of the 636 shipments handled during 



332 N. C. Utilities Commission 

the last three months of 1946, 521 were delivered in said three counties 
and 117 shipments were delivered at points in other counties. Of these 
117 shipments, 20 were delivered at Statesville, 20 at Taylorsville, 15 at 
Charlotte, 14 at Hazelwood, 12 at Marion, 9 at Lincolnton, 4 at Asheville, 
4 at Hiddenite, 3 at Shelby, 3 at Winston-Salem, 2 at Mount Airy, 2 at 
Fayetteville, 2 at Salisbury, and not more than 1 shipment at any other 
one point. 

The shipments transported covered a very wide variety of commod- 
ities in large and small shipments, from which it appears that the appli- 
cant was engaged in the transportation of general commodities, in- 
cluding household goods, but only within said counties of Caldwell, 
Burke and Catawba, or to or from counties; and the Hearing Commis- 
sioner is of the opinion and finds that the revised temporary authority 
heretofore issued should be further revised, as particularly set out in 
Exhibit B hereto attached, and to that extent the Hearing Commissioner 
is of the opinion and finds that the operations of the applicant during the 
year 1946, on January 1, 1947, and subsequent to that time, have been 
reasonably regular and continuous as an irregular route common carrier. 

The protestants did not appear at said hearing, and no witnesses testi- 
fied for or on their behalf. 

At the close of the hearing, counsel for protestants moved that the 
application be denied, which motion was overruled and exceptions noted. 

Upon consideration of the application and the testimony offered in 
support thereof, the Hearing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the year 
1946, was so operating on January 1, 1947, and has continued to so op- 
erate since that time. 

3. That the operation shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tions of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy thereof to the applicant's counsel, and a copy thereof to 
counsel for protestants, and that a formal certificate be issued to the 
applicant in accordance with the findings and order herein. 



Decisions and Adjustments of Complaints 



333 



Issued by Order of the Commission. 

This 7th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-41 Wade L. Thompson, d/b/a 

Lenoir Transfer Company 
Irregular route common carrier, 
Lenoir, North Carolina 



EXHIBIT B 



Transportation of general commodi- 
ities, except those requiring special 
equipment, but including household 
goods, over irregular routes as fol- 
lows: 

1. To and from points and places 
within the counties of Caldwell, 
Burke and Catawba. 

2. From points and places in the 
counties of Caldwell, Burke and 
Catawba to points and places in 
North Carolina on and west of 
U. S. Highway No. 29. 

3. From points and places on and 
west of U. S. Highway No. 29 to 
points and places in the counties 
of Caldwell, Burke and Catawba. 



DOCKET NO. T-380 

BEFORE THE NORTH CAROLINA 

UTILITIES COMMISSION 

In the Matter of 

Operating rights of Courtney Mitchell, Jr., 

d/b/a Lenoir Transport, Kinston, N. C. 

Reference is made to the Commission's order in Docket No. T-380, Sub 
1 in which the Commission approved a sale by J. K. Rayner, d/b/a 
Rayner Transport of all operating rights under temporary authority is- 
sued in Docket No. T-380 to Courtney Mitchell, Jr. d/b/a Lenoir Trans- 
port, said order being dated January 24, 1949. The purchaser now re- 
quests the Commission to include in said operating rights authority to 
transport petroleum products in bulk from all existing originating termi- 
nals. That is to say, from Wilmington, Morehead City, River Terminal, 
Thrift, Friendship and Salisbury as provided in Docket No. 4442 to which 
reference is hereby made. There appears to be no reason why said re- 
quest should not be granted, and 



334 N. C. Utilities Commission 

IT IS, THEREFORE, ORDERED that the temporary authority be 
amended as set forth in Exhibit B hereto attached. 

Issued by Order of the Commission 

This nth day of March, 1949. 

( NORTH CAROLINA UTILITIES COMMISSION 

Fred C. Hunter, Commissioner 
ATTEST: 

Elsie G. Riddick, Chief Clerk 

DOCKET NO. T-34 

COMMON CARRIER APPLICATION 
FINAL ORDER 

APPLICATION OF: M. P. Lipe, d/b/a Lipe Motor Lines, now Lipe 
Motor Lines, Inc., Hickory, North Carolina 

HEARD IN: Raleigh, North Carolina, on March 25, 1949 

BEFORE: Commir.sioners Fred C. Hunter and R. G. Johnson 

APPEARANCES: 

M. P. Lipe, d/b/a Lipe Motor Lines, Hickory, North Carolina 

The above designated application was filed with the Commission on 
August 22, 1947, vmder the provisions of Section 7 of North Carolina 
Truck Act and in compliance therewith. The Commission issued tempo- 
rary authority to the applicant as required by Section 10 of said Act and 
tliereafter calendared the cause for hearing and gave due notice to all 
carriers in the State of the time and place of the hearing and the nature 
and scope of the application. Upon the call of the case for hearing the 
applicant offered in evidence the application and the exhibits thereto at- 
tached, together with the exceptions filed by the applicant to its tempo- 
rary authority, the exhibits in support thereof and the order of the 
Commission thereon, and rested. 

Counsel for Fredrickson Motor Express Corp., Miller Motor Express, 
Inc., and Mrs. Mabel D. Burton, d/b/a Helms Motor Express moved that 
the application be dismissed: (1) for failure to offer evidence sufficient 
to sustain the application, and (2) for that the applicant was not in bona 
fide operations as a common carrier on January 1, 1947, or during any 
part of the year 1946 as to any operations covered by the instant appli- 
cation, the grounds assigned being that said applicant was the holder of 
a franchise certificate issued by the Commission under the existing law 
and was operating under the same and could not engage in bona fide 
operations beyond that authorized by the Commission in said certificate. 
Motion overruled. 

The protestants offered no testimony. Piedmont Mountain Freight 
Lines, Inc., which filed a protest to the application, did not appear at the 
hearing and no testimony was offered on behalf of said protestant. 



Decisions and Adjustments of Complaints 335 

Reference is hereby made to an order issued by the Commission in 
Docket No. T-34, Sub 1 in which the Commission, after due notice and a 
public hearing, approved a sale and transfer by M. P. Lipe, d/b/a Lipe 
Motor Lines to Lipe Motor Lines, Inc. of certain rolling equipment and 
other physical property, which sale and transfer included all the operat- 
ing rights of said M. P. Lipe involved in this proceeding. In this situa- 
tion Lipe Motor Lines, Inc. is now the real party in interest in this pro- 
ceeding and for the purpose of the findings and order herein, said corpora- 
tion will be considered as the applicant in this case and entitled to have 
the operating rights herein granted issued in its name. 

Upon consideration of the application and the exhibits thereto at- 
tached, as offered in evidence, the Commission is of the opinion and finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operations as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit A hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit A hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause, and that the 
order herein shall constitute a certificate until a formal certificate shall 
have been prepared and issued to the applicant. 

Issued by Order of the Commission. 

This 30th day of March, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Stanley Winborne, Chairman 
Fred C. Hunter, ComTnissioner 
R. G. Johnson, Coramissioner 
ATTEST: 

Elsie G. Riddick, Chief Clerk 

Docket No. T-34, M. P. Lipe, d/b/a Lipe Motor Lines, now Lipe Motor 
Lines, Inc., regular route com.mon carrier. Hickory, N. C. 



336 



N. C. Utilities Commission 



EXHIBIT A— SCOPE OF OPERATIONS— General commodities, ex- 
cept those requiring spe- 
cial equpiment. 

Regular Routes 

Route 1. Between Asheville, N. C. and Mebane, N. C. over U. S. 
Highway No. 70. 

Route 2. Between Conover, N. C. and Charlotte, N. C. as follows: 
From Conover over U. S. Highway No. 321 to Lincolnton, 
N. C, thence over N. C. Highway No. 27 to Charlotte, N. C. 

Route 3. Between Lincolnton and Shelby, N. C. via N. C. Highway 
No. 150. 

Route 4. Between Charlotte and Salisbury, N. C. as follows: From 
Charlotte, N. C. over U. S. Highway No. 29 to the junction 
of alternate U. S. Highway No. 29; thence over alternate 
U. S. Highway No. 29 to the junction of U. S. No. 29; 
thence over U. S. Highway No. 29 to Salisbury, N. C. 

Route 5. Between Lenoir and Shelby, N. C. as follows: From 
Lenoir, N. C. over U. S. Highway No. 321 to Hickory, N. C; 
thence over N. C. Highway No. 127 to the junction of N. C. 
Highway No. 10; thence over N. C. Highway No. 10 to the 
junction with N. C. Highway No. 18; thence over N. C. 
Highway 18 to Shelby, N. C. 

Route 6. Between Forest City, N. C. and Charlotte, N. C. over U. S. 
Highway No. 74. 

Route 7. Between Burlington, N. C. and junction of N. C. Highway 
No. 100 and U. S. Highway No. 70 over N. C. Highway No. 
100. 

Route 8. From Conover, N. C. to Greensboro, N. C. as follows: Over 
N. C. Highway No. 16 to North Wilkesboro, N. C; thence 
over N. C. Highway No. 268 to its junction with U. S. 
Highway No. 601; thence over U. S. Highway No. 601 to 
Mount Airy; thence over U. S. Highway No. 52 to Winston- 
Salem, N. C; thence over U. S. Highway No. 421 to Greens- 
boro. 

Route 9. From Statesville, N. C. to Winston-Salem, over U. S. 
Highway No. 64 to Mocksville; thence over U. S. Highway 
No. 158 to Winston-Salem. 

Route 10. From Burlington to Altamahaw over N. C. Highway No. 
87. 

Route 11. From Mebane to SaxapahaW over N. C. Highway No. 119 
to its intersection with N. C. Highway No. 54; thence over 
unnumbered county road via Swepsonville to N. C. High- 
way No. 87; thence over Highway No. 87 to an un- 
numbered county road; thence over said county road to 
Saxapahaw. 

Route 12. From Taylorsville to Stony Point over N. C. Highway No. 
90. 



Decisions and Adjustments of Complaints 



337 



Route 13. From the intersection of U. S. Higiiway No. 70 with N. C. 

Highway No. 114 to Drexel over N. C. Highway No. 114. 
Route 14. From the intersection of U. S. Highway No. 74 with N. C. 

Highway No. 120 to Tuxedo over N. C. Highway No. 120 

to Cliffside; thence over U. S. Highway No. 221-A to 

Forest City; thence over U. S. Highway No. 74 to Ruther- 

fordton; thence over N. C. Highway No. 108 to Tryon; 

then over U. S. Highway No. 176 to Hendersonville; thence 

over U. S. Highway No. 25 to Tuxedo. 
Route 15. From Granite Falls to Connelly Springs via Rhodhiss over 

unnumbered county road. 
Route 16. From Lincolnton to the intersection of N. C. Highway No. 

7 and U. S. Highway No. 74 (east) over U. S. Highway No. 

321 to Gastonia; thence over N. C. Highway No. 7 to its 

intersection with U. S. Highway No. 74 east of Belmont. 
Route 17. From Fallston to Lawndale over N. C. Highway No. 180. 

Return over the aforesaid routes serving all intermediate 

points. 



DOCKET NO. T-34. SUB 2 

BEFORE THE NORTH CAROLINA 

UTILITIES COMMISSION 

In the Matter of 

The Motor Carrier Operating Rights of M. P. 

Lipe, d/b/a Lipe Motor Lines, Hickory, North 

Carolina. 



HEARD IN: 
BEFORE: 



Raleigh, North Carolina, on June 6, 1950. 

Commissioners Joshua S. James, Harry T. West- 
cott, and Fred C. Hunter. 



HUNTER, COMMISSIONER. This cause comes before the Commis- 
sion upon the petition of M. P. Lipe, owner and motor freight common 
carrier Certificate No. C-25, for authority to resume operations under 
said Certificate, the circumstances being as follows: 

1. Upon an investigation and hearing on March 25, 1949, as appears 
of record in Docket No. T-34, Sub 1, the Commission approved a lease 
agreement between said M. P. Lipe, Lessor, and Lipe Motor Lines, Inc., 
Lessee by which said Lessor leased to said Lessee the operating rights 
under said Certificate for a term of five years at a rental in the sum of 
Twenty-four Hundred Dollars ($2,400.00) per year, payable monthly, said 
operating rights including those held by the said Lessor under the law as 
it existed prior to enactment of the North Carolina Truck Act of 1947, 
and also those operating rights obtained upon application under the 
grandfather provisions of said Act, as appears of record in Docket No. 
T-34, all of which said operating rights are now consolidated in said 
Certificate No. C-25. 



338 N. C. Utilities Commission 

2. On April 1, 1950, said Lessee, Lipe Motor Lines, Inc., was ad- 
judged to be a Bankrupt in a proceeding in the United States District 
Court of the Western District of North Carolina, the matter referred to 
Honorable R. Marion Ross, Referee in Bankruptcy, Charlotte, North 
Carolina, and James J. Martin, of Hickory, North Carolina, was appointed 
Trustee and authorized by the Court to continue the operation of said 
transportation business, and continued to operate the same as Trustee 
until May 20, 1950. 

3. At a meeting of creditors before the said Referee, the said Trustee 
was directed by the Court to cease operations of said transportation busi- 
ness on May 20, 1950, and on said date M. P. Lipe, M. P. Lipe, Jr., and 
James J. Martin, Trustee of Lipe Motor Lines, Inc., Bankrupt, entered 
into an agreement in writing providing, among other things, for the pur- 
chase by said M. P. Lipe, Jr., of all property of said Lipe Motor Lines, 
Inc., Bankrupt, except accounts receivable and one Reo tractor, the pur- 
chase price agreed upon being Thirty-Three Hundred Dollars ($3,300.00) 
cash, subject to mortgage liens against said property. 

4. On May 26, 1950, the sale of said property to M. P. Lipe, Jr., for 
the sum of Thirty-Three Hundred Dollars ($3,300.00), subject to the 
mortgage liens against the same, was approved by said Referee in 
Bankruptcy, and said lease agreement, whereby said operating rights 
were leased by M. P. Lipe to Lipe Motor Lines, Inc., Bankrupt, was de- 
clared forfeited by the Court for non-payment of rent. 

5. Under date of May 22, 1950, M. P. Lipe and M. P. Lipe, Jr., entered 
into an agreement under which said M. P. Lipe, Jr., agreed to lease, and 
did lease, to M. P. Lipe all the property and rolling equipment embraced 
in the bill of sale from James J. Martin, Trustee, to M. P. Lipe, Jr., being 
the property referred to in paragraph 4 above, the rental agreed upon 
being Sixty Dollars ($60.00) per week, payable on the first day of each 
week. 

Under the circumstances above set out, M. P. Lipe now proposes to re- 
sume operations under said Certificate, said operations to be performed 
under the name and style of M. P. Lipe, d/b/a Lipe Motor Lines. 

Upon consideration of the petition and the testimony of M. P. Lipe 
before the Commission on June 6, 1950, the Commission finds no legal 
reason why M. P. Lipe, owner of said Certificate and operating rights, 
should not resume operations, indeed, such would appear to be his duty 
and obligation to the public under said Certificate. It further appears 
from the petition herein and from the oral testimony of said M. P. 
Lipe that he is solvent and has the necessary experience and capital to 
operate said transportation business in a satisfactory manner. The ex- 
tent to which M. P. Lipe may be liable, if at all, for any of the debts 
and claims against Lipe Motor Lines, Inc., Bankrupt, is not a matter for 
determination by this Commission in a proceeding in bankruptcy. 

IT IS, THEREFORE, ORDERED that the petition now before the 
Commission wherein M. P. Lipe, d/b/a Lipe Motor Lines, seeks the con- 
sent and approval of the Commission to resume operations as a common 



N. C. Utilities Commission 339 

carrier under Certificate No. C-25 be, and the same is hereby granted, 
operations to begin upon compliance with the rules of the Commission 
with respect to tariff and insurance requirements. 

Issued by Order of the Commission. 

This 20th day of June, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-10 

APPLICATION OF: Fred W. Lockridge, d/b/a Lockridge Transfer 
Kings Mountain, North Carolina 

HEARD IN: Raleigh, North Carolina, on December 14, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant : 

J. R. Davis, Attorney at Law, Kings Mountain, North Carolina 

For the Protestant: 

Bailey and Holding, Attorneys at Law, Raleigh, North Carolina, 
for Fredrickson Motor Express, Charlotte, North Carolina 

HUNTER, COMMISSIONER. This is a so-called Grandfather Appli- 
cation for a certificate to transport property by motor vehicle under 
the provisions of Section 7 of the North Carolina Truck Act. 

The application was filed with the Commission on July 21, 1947, to 
which was attached certain exhibits including a list of shipments han- 
dled during the month of February, 1947. The Commission advised the 
applicant that the law required a report of shipments handled for one 
or more calendar months of 1946, and the applicant thereafter on Janu- 
ary 7, 1948, filed a report of shipments handled during the month of 
October, 1946, consisting of fifteen (15) shipments of cotton yarn, eight 
(8) of which moved from Kings Mountain to Tryon, five (5) from Tryon 
to Kings Mountain, and two (2) from Tryon to Lincolnton. 

Temporary authority was issued to the applicant on September 16, 
1948, as provided by Section 10 of said Truck Act, which authority 
authorized transportation of cotton yarn between Kings Mountain and 
Tryon. The applicant filed exceptions to said temporary authority 
within the time allowed by the rules of the Commission as particularly 
set out in the Commission's General Order in Docket No. 4066-B. Said 
exceptions were supported by a further report of operations during the 
year 1946, and upon consideration of said exceptions and the additional 
data filed therewith relating to the nature and scope of the applicant's 
operations in 1946, the Commission on December 13, 1948, revised and 
reissued said temporary authority, authorizing the transportation of 



340 N. C. Utilities Commission 

"textiles, textile machinery and articles used in the manufacture of tex- 
tiles over irregular routes between all points and places in the counties 
of Lincoln, Gaston, Cleveland and Polk." 

As authorized by Section 7 (3) of said Truck Act, the applicant 
offered in evidence at the hearing the application with the exhibits 
thereto attached, including reports of particular shipments handled 
during the year 1946. An analysis of shipments handled by the appli- 
cant during the year 1946 shows a total of thirty-nine (39) shipments, 
consisting of five (5) different commodities as follows: 

No. 
Commodity Origin 

Cotton Yarn Kings Mountain 

Cotton Yarn Tryon 

Cotton Yarn Tryon 

Cotton Yarn Kings Mountain 

Cotton Yarn Kings Mountain 

Cotton Yarn Bessemer City 

Spools Kings Mountain 

Cotton Mill Mch. Kings Mountain 

Lumber Kings Mountain 

Furniture Kings Mountain 

Furniture Caroleen 

Furniture Kings Mountain 



Destination 


Shipm,ents 


Tryon 


8 


Kings Mountain 


5 


Lincolnton 


5 


Gastonia 


5 


Lincolnton 


3 


Lincolnton 


2 


Gastonia 


4 


Gastonia 


3 


Asheville 


1 


Rocky Mount 


.. . 1 


Burlington 


1 


Charlotte 


1 



The foregoing constitutes all the transportation services performed 
by said applicant at any time during the year 1946, inasfar as the ap- 
plication shows and inasfar as the testimony offered at the hearing 
shows. 

The protestants offered no testimony but objected and excepted to 
the testimony offered by applicant as above set out, and moved that 
the application be dismissed. 

Upon consideration of the application and the testimony offered by 
the applicant, the Hearing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 



Decisions and Adjustments of Complaints 341 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a copy to the 
counsel for the protestant in this cause, and a formal certificate be 
issued to the applicant in accordance with said findings and order. 

Issued by Order of the Commission. 

This the 11th day of January, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-10 Fred W. Lockridge, d/b/a Lockridge Transfer, 
Kings Mountain, North Carolina 
Irregular Route Common Carrier. 

EXHIBIT B Textiles, textile machinery and equipment, over 

irregular routes between points and places in the 
counties of Lincoln, Gaston, Cleveland and Polk. 



DOCKET NO. T-I47 

FINAL ORDER 

APPLICATION OF: F. T. Loftin, d/b/a an individual 
Troutman, North Carolina 

HEARD IN: Raleigh, North Carolina, on May 19, 1949 

BEFORE: Fred C. Hunter, Joshua S. James and Edward H. 

McMahan, Commissioners. 

APPEARANCES: 

For the Applicant: 

James E. Wilson, Roberts and Mclnnis, Attorneys at Law, 
Washington, D. C. 

For the Protestants: 

Vaughn S. Winborne, Attorney at Law, Raleigh, N. C, for the 
Reliable Transport, Inc., Southern Oil Transportation Company, 
Terminal City Oil Company, Star Oil Company, Eastern Oil Trans- 
port and Hinson Transport Company. 

The applicant herein seeks authority under Section 7 of the North 
Carolina Truck Act to transport petroleum products in bulk in tank 
trucks from existing originating terminals to points and places through- 
out the entire State. Upon an examination and an analysis of the oper- 



342 N. C. Utilities Commission 

ations shown in the application, the Commission heretofore issued to 
said appUcant temporary authority as required by Section 10 of said 
Act; and at the time the applicant excepted to the restricted territory 
set out in said temporary authority and demanded a hearing before 
the Commission upon the contentions that his operations, as shown 
by the application, covered such a wide area and are of such highly 
specialized character as to require the authority to serve the entire 
State. In support of these contentions the applicant offered in evidence 
the application, together with the exhibits thereto attached and made 
a part thereof, and also offered oral testimony tending to show the 
scope and character of his operations in the year 1946, and subsequent 
thereto. It appears to the Commission from the testimony offered orally 
and in the form of exhibits that the applicant was in 1946, and is now, 
transporting petroleum products to points and places in about twenty- 
five (25) counties of the State, from Burke County on the west to 
Edgecombe County on the east, which covers generally a territory 
comprising substantially two-thirds of the entire area of the State. The 
Commission is of the opinion and so finds from all the testimony offered 
that the applicant was holding himself out to serve the entire State 
on January 1, 1947, and from said date to the present, and that his 
actual operations as shown are carried on over such a wide-spread area 
of the State as to entitle said applicant to the state-wide authority 
requested. 

The Protestants offered no testimony, but at the close of the evi- 
dence for the applicant, moved that the application be dismissed, which 
motion was overruled and the protestants excepted. 

Upon due consideration of the application and the oral documentary 
testimony offered in support thereof, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 



Decisions and Adjustments of Complaints 



343 



(b) That a copy of the findings and order herein be mailed to the 
apphcant, a copy thereof to the applicant's attorney, and a copy thereof 
to the attorney appearing for protestants, and that a formal certificate 
be issued to said applicant in accordance with the findings and order 
herein. 

Issued by Order of the Commission. 



This 20th day of May, 1949. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissio7ier 



ATTEST: 

Myrtha Fleming, Chiej Clerk 



DOCKET NO. T-147 F. T. Loftin, irregular route common carrier, 
Troutman, North Carolina 



EXHIBIT B 



Petroleum products in bulk in tank trucks over 
irregular routes from existing originating term- 
inals at or near Wilmington, Morehead City, River 
Terminal, Thrift, Friendship, and Salisbury to 
points and places throughout the State. 



DOCKET NO. T-444 

PROPOSED FINAL ORDER 

APPLICATION OF: J. Wesley Lowther, d/b/a Lowther Trucking 
Company, Rock Hill, South Carolina 



HEARD IN: 

BEFORE: 

APPEARANCES: 



Raleigh, North Carolina, on February 14, 1949 
Commissioners Fred C. Hunter and R. G. Johnson 



The applicant appeared at said hearing, offered said applica- 
tion in evidence, and testified in support of said application and 
particularly to the effect that operations were performed by 
applicant over the route in question during the year 1946 and 
continuously since that time. Protestants offered no testimony. 

Upon consideration of said application and the testimony offered 
by applicant, the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 



344 N. C. Utilities Commission 

carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit A hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit A hereto attached and made a part 
hereof, and that a certificate therefor be issued to said applicant. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause. 

Issued this 17th day of February, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 
ATTEST: 

Elsie G. Riddick, Chief Clerk 

DOCKET NO. T-444 J. Wesley Lowther, d/b/a Lowther Trucking 
Company, Rock Hill, South Carolina (Regular 
Route Common Carrier) 

EXHIBIT A General commodities except those requiring spe- 

cial equipment. 

Regular Routes 
From Charlotte, N. C. to the South Carolina State 
line over U. S. Highway 21 and return serving all 
intermediate points. 



DOCKET NO. T-445 
ORDER 

APPLICATION OF: John Ashley Manning, Jr. and James Octavius 
Manning, Jr. d/b/a Manning's Truck Line 
Haughton Street 
Williamston, N. C. 

HEARD IN: Williamston, N. C, on March 22, 1950. 

BEFORE: John Hill Paylor, Examiner 



Decisions and Adjustments of Complaints 345 

APPEARANCES: 
For the Applicant: 

Mr. Edgar J. Gurganus, Attorney at Law, Williamston, North 
Carolina. 

For the Protestants: 

Mr. C. E. Adams, Attorney at Law, Blackstone, Virginia, for The 
Transport Corporation, Vance Trucking Company, Inc. and Forbes 
Transfer Company. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: 

Applicants filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 10:30 a.m. on 
March 22, 1950, at the Martin County Courthouse, Williamston, N. C. 
Applicants seek a certificate under Section 7 of the 1947 Truck Act 
to transport general commodities except those requiring special equip- 
ment over irregular routes between all points and places within a 50 
mile radius of Williamston. 

One of the partners, James Octavius Manning, Jr., testified that the 
application and exhibits attached thereto were prepared under his in- 
structions and from records made of the 1946 operations. Application 
and exhibits attached thereto, supplemental exhibits, temporary author- 
ity dated October 13, 1948, with exhibit attached thereto were offered 
in evidence supporting the grandfather application. Said partner stated 
that they were operating in trucking business in 1946. James Octavius 
Manning, Jr. was examined by the protestants and admitted that the 
only tobacco hauled was from farm to market. No tobacco was hauled 
in hogsheads during said year. Protestants offered no evidence. Appli- 
cants and protestants waived the filing of proposed findings of fact 
and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Sec- 
tion 7 of the North Carolina Truck Act within the time required by 
said Act and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particulai'ly set out in Exhibit B hereto at- 
tached. 



346 N. C. Utilities Commission 

IT IS, THEREFORE, ORDERED; 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accord- 
ance with said findings and order. 

Issued by Order of the Commission. 

This 17th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-445 John Ashley Manning, Jr. and James Octavius 
Manning, Jr. d/b/a Manning's Truck Line, 
Haughton Street, Williamston, N. C. 

EXHIBIT B: General commodities except those requiring 

special equipment and except tobacco and ac- 
cessories other than from farm to market over 
irregular routes between all points and places 
within a 50 mile radius of Williamston. 



DOCKET NO. T-148 

ORDER 

APPLICATION OF: Arthaniel Marrow 

Henderson, North Carolina 

HEARD IN: Raleigh, North Carolina, on May 4, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Greensboro, N. C. 

For the Protestants: 
None. 

Upon call of the above application for hearing, the applicant 
offered in evidence the application along with the exhibits thereto 
attached and made a part thereof, and also offered in evidence the tem- 
porary authority issued by the Commission to said applicant. Said 
applicant was sworn and took the stand and testified that he had been 
engaged in the motor carrier transportation business continuously since 
1921, and that said temporary authority fairly represented the nature 



Decisions and Adjustments of Complaints 347 

and scope of his operations during 1946 and up to the date of said 
hearing, with the exception of family moving which is not included 
in said temporary authority except by implication under the term 
"General Commodities." He testified that his services in moving fami- 
lies and their household effects had been performed, and is now being 
performed to and from points and places within the counties of Gran- 
ville, Vance, Warren, Franklin, Halifax and Person. 

No protestants appeared at said hearing. The applicant waived his 
rights to file proposed findings of fact and briefs. 

Upon consideration of the application and testimony offered in sup- 
port thereof, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operaitng on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and a copy thereof to the applicant's attorney, and that a 
formal certificate be issued to said applicant in accordance with the 
findings of the order herein. 

Issued by Order of the Commission. 

This 13th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Com,missioner 
Edward H. McMahan, Commissioner 

ATTEST: 

Myrtha Fleming, Chiei Clerk 



348 



N. C. Utilities Commission 



DOCKET NO. T-148 Arthaniel Marrow, Irregular 
Route Common Carrier, 
Henderson, North Carolina 



EXHIBIT B: 



General Commodities except those requiring 
special equipment, over irregular routes between 
points and places in the Counties of Orange, Dur- 
ham, Wake, Harnett, Granville, Vance, Warren, 
Franklin, Halifax, Northampton, Hertford, Pas- 
quotank, Edgecombe, Wilson and Beaufort. 

Family moving within the counties of Granville, 
Vance, Warren, Franklin, Halifax and Person; 
from said counties to points and places through- 
out the State, and from points and places 
throughout the State to points and places in said 
counties. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-149 

ORDER 

Maybelle Transport Company, Inc., Southbound 
Street, Lexington, North Carolina 

Raleigh, North Carolina, September 8, 1949 

Edward H. McMahan, Commissioner 



For the Applicant: 

James E. Wilson, Mayflower Office Building, Washington, D. C, 
and Don A. Walser, Attorney at Law, Lexington, N. C. 

For the Protestants: 

Vaughan S. Winborne, Attorney at Law, Raleigh, N. C. for 
Reliable Transport, Inc. and Southern Oil Transportation Co. 

McMAHAN, COMMISSIONER:— This is an application filed on the 
part of Maybelle Transport Company, Inc. on September 23, 1947, under 
Section 7 of the North Carolina Truck Act of 1947, for authority to 
transport petroleum and petroleum products over irregular routes, in 
bulk and in tank trucks, from existing originating terminals to all points 
and places within the State of North Carolina. 

Based upon the application filed herein temporary authority was 
issued by the Commission on September 23, 1947 granting to the appli- 
cant authority to transport petroleum and petroleum products in bulk 
and in tank trucks, over irregular routes from Wilmington, North Caro- 
lina and points and places within five miles thereof to points and places 
within the following counties: New Hanover, Brunswick, Lenoir, 
Johnston, Lee, Guilford, Randolph, Davidson and Union, with a limita- 
tion to truck loads only. 



Decisions and Adjustments of Complaints 349 

Thereafter on August 16, 1948 the applicant filed exceptions to the 
temporary authority issued and contended that the Commission should 
grant to the applicant authority, under the application filed herein, to 
operate from all existing terminals within the State of North Carolina 
in and to all points and places within said State of North Carolina, 
making the operation completely state-wide. 

On September 20, 1948 the Commission revised the temporary cer- 
tificate issued to the applicant and granted him rights to transport pe- 
troleum and petroleum products in bulic and in tank trucks, over ir- 
regular routes from Wilmington, North Carolina and points and places 
within five (5) miles thereof and from Thrift, Salisbury and Friendship 
to points and places within the following counties: New Hanover, 
Brunswick, Lenoir, Johnston, Lee, Guilford, Randolph, Davidson, Union, 
Alleghany, Ashe, Wilkes, Caldwell, Catawba, Gaston, Surry, Rowan, 
Cabarrus, Mecklenburg, Forsyth, Rockingham, Alamance, Moore, Per- 
son, Durham, Cumberland, Robeson, Columbus, Bladen, Harnett, Wake, 
Vance, Sampson, Halifax, Nash, Wilson, Wayne, Duplin, Onslow, Pitt, 
Edgecombe, Northampton, Jones, Craven, Beaufort, Martin, Bertie, 
Hertford, Carteret, Pamlico, Perquimans and Pasquotank. 

On the hearing of this cause Mr. B. C. Young, Jr., President of the 
applicant corporation herein, testified that the applicant had been en- 
gaged in business of hauling petroleum products in bulk from various 
terminals in the State of North Carolina to points and places within 
said State of North Carolina since November of the year 1944. He testi- 
fied that upon the filing of this application, and when the Commission 
issued to him temporary authority for only eight or nine counties, that 
the same did not give to him sufficient operating rights in keeping 
with his previous operations, and that when the Commission revised 
its temporary authority by granting permission to operate in fifty-two 
counties, as herein above enumerated, the same more truly represented 
the applicant's previous operating experience and gave to him operat- 
ing rights more in keeping therewith. He testified that the applicant 
corporation held itself out to serve all points within the State of North 
Carolina, and that it had sufficient equipment to offer said services. 
He testified further that he contended that the applicant was entitled 
to state-wide rights because of the irregular nature of its operation, 
and the frequency in the change of originating terminals and destina- 
tion points. He further testified that delivery had been made by his 
company to only one county other than that which he had been granted 
temporary authority within said period, and that county was Stanly 
County, North Carolina. 

The witness further testified that the year 1946 was not truly repre- 
sentative of the operating experience of the applicant corporation, and 
that the year 1945, and years subsequent to 1946 more truly represented 
same, for that the applicant's business during the year 1946 was gen- 
erally the transportation of petroleum products for the armed services 
of the United States. 

The applicant offered in evidence its application, together with all 



350 N. C. Utilities Commission 

exhibits and revised temporary authority granted by the Commission. 
All of this evidence tending to prove that the applicant, during the 
year 1946, was holding itself out for the transportation of petroleum 
products in bulk in tank trucks, from originating existing terminals 
to all points and places within the State of North Carolina, but that 
its actual operations had not extended west of Caldwell County in 
said state. 

From the evidence offered by the applicant, the hearing Commis- 
sioner finds the following facts: 

1. That the applicant has brought itself within the provisions of 
Section 7 of the North Carolina Truck Act of 1947, and is entitled to 
so called "grandfather rights" thereunder, to transport petroleum prod- 
ucts in bulk from existing terminals in and to points and places within 
the counties of the State of North Carolina granted to the applicant in 
its temporary authority. 

2. That the applicant shows sufficient equipment, and has financial 
stability sufficient to bring itself within the class of carriers entitled 
to operational rights. 

3. That the applicant's operations have extended from originating 
terminals in Wilmington, North Carolina, and points and places within 
five miles thereof, and from Thrift, Salisbury and Friendship, and that 
the same have extended substantially throughout the State of North 
Carolina from the coast on the east to as far west as and including 
the County of Caldwell, but none other. 

Section 7 of the North Carolina Truck Act of 1947 provides that 
"subject to Section 16, if any carrier or predecessor in interest was in 
bona fide operation as a common carrier by motor vehicle on Janu- 
ary 1, 1947, over the route or routes or within the territory for which 
application is made under this Section, and has so operated since that 
time,' or if engaged in furnishing seasonal service only, was in bona 
fide operation on January 1, 1947, during the season ordinarily cov- 
ered by its operation and has so operated since that time — the Com- 
mission shall issue a certificate to such carrier without requiring fur- 
ther proof that public convenience and necessity will be served by 
such operation — ." Sub Section (b) of Section 7 requires "A full and 
complete report of the operations of the carrier or its predecessor for 
one or more full calendar months during the year 1946 chosen by the 
carrier as being representative of the nature, extent, and frequency 
of its continuous operations from January 1st, 1947, to the date the 
application is filed — ." Section (d) thereof requires "An accurate de- 
scription of the territory within which the carrier, during the month 
or months covered by its report, performed irregular route operations." 
Sub Section 3 (Section 7) sets forth the duties of the Commission to 
be "The Commission shall issue a certificate to such carrier authorizing 
the regular route operations and the irregular route operations for 
which application is made, as provided in this Section, but only to the 
extent that the Commission finds from the application that the opera- 



Decisions and Adjustments of Complaints 351 

tions of such carrier were reasonably frequent and continuous through- 
out the period covered by the report of operations filed with and made 
a part of the application — ." It is clearly the intention of the law to 
grant to all carriers by motor vehicle who were operating on and con- 
tinuously since January 1, 1947, the right to carry on the same type of 
operation and business carried by them at said time, but none other. 
If public convenience and necessity requires the granting of additional 
rights. Section 11 of the 1947 Truck Act gives to the Commission the 
right to issue such additional rights based upon proper showing of 
convenience and necessity, under an application in which said addi- 
tional rights are applied for. The applicant contends that he is entitled 
to state-wide rights, but on the entire showing does not show that he 
was operating into all parts of the State of North Carolina, and par- 
ticularly there was no showing of any operation west of Caldwell 
County in said state. The applicant failed to show that he had operated 
into all counties in the State of North Carolina east of Caldwell, but the 
operation as shown by him did show that he generally operated 
within that territory between the Virginia and South Carolina state 
lines, and in all counties in the State of North Carolina east of Cald- 
well. It is, therefore, the conclusion of the hearing Commissioner that 
the applicant is entitled to certificate granting to him operational 
rights from the terminals hereinafter designated under Exhibit A at- 
tached hereto and to all points and places within the counties from 
and including the County of Caldwell on the west, and those counties 
as far west as Caldwell and north to the Virginia line, and as far west 
as Caldwell and as far south as the South Carolina line, and including 
all counties east of said boundary within the State of North Carolina, 
said counties being hereinafter designated in Exhibit A attached hereto. 

IT IS, THEREFORE, ORDERED: 

That the petitioner's application be granted so as to give to the 
petitioner certificate of operational rights in Ashe, Watauga, Caldwell, 
Burke and Rutherford counties in the State of North Carolina, and all 
counties east thereof within said state, a full and complete list of sa^d 
counties being hereinafter designated in Exhibit A attached to this 
Order. 

IT IS FURTHER ORDERED that a copy of this Order be given to 
the applicant and its attorneys, and a copy to the attorney for the 
protestants. 

Issued by Order of the Commission. 

This 22nd day of September, 1949. 

Myrtha Fleming, Chief Clerk 
(SEAL) 



Ashe 
Watauga 



EXHIBIT A 




DOCKET T-149 




Caldwell 


Rutherford 


Burke 


Alleghany 



352 



N. C. Utilities Commission 



Wilkes 

Alexander 

Catawba 

Lincoln 

Cleveland 

Gaston 

Surry 

Yadkin 

Iredell 

Mecklenburg 

Stokes 

Forsyth 

Davie 

Davidson 

Rowan 

Cabarrus 

Stanly 

Union 

Rockingham 

Guilford 

Randolph 

Montgomery 

Anson 

Richmond 

Caswell 

Alamance 



Chatham 

Moore 

Lee 

Hoke 

Scotland 

Person 

Orange 

Durham 

Wake 

Harnett 

Cumberland 

Robeson 

Granville 

Vance 

Warren 

Franklin 

Johnston 

Sampson 

Bladen 

Columbus 

Brunswick 

Halifax 

Nash 

Edgecombe 

Wilson 

Wayne 



Greene 

Lenoir 

Duplin 

Jones 

Onslow 

Pender 

New Hanover 

Northampton 

Pitt 

Hertford 

Gates 

Chowan 

Bertie 

Martin 

Washington 

Currituck 

Camden 

Pasquotank 

Perquimans 

Tyrrell 

Dare 

Beaufort 

Hyde 

Pamlico 

Craven 

Carteret 



DOCKET NO. T-705 



ORDER 



APPLICATION OF: George McCotter, d/b/a 
McCotter Truck Line 
New Bern, North Carolina 



HEARD IN: 

BEFORE: 

APPEARANCES: 



Raleigh, North Carolina, on March 8, 1950 
Fred C. Hunter, Commissioner 



For the Applicant: 

D. L. Ward, Attorney at Law, New Bern, N. C. 
S. W. Ruark, Attorney at Law, Raleigh, N. C. 

No Protestants 

HUNTER, COMMISSIONER: This is an application filed under the 
provisions of Section 11 of the North Carolina Truck Act for a contract 
carrier permit to transport petroleum products, in bulk in tank trucks, 



Decisions and Adjustments of Complaints 353 

from originating terminals at or near Morehead City and Wilmington 
to New Bern, Bayboro, Oriental and Stella. 

The applicant, George McCotter, testified that he owned a tractor 
and had definite arrangements for the purchase of a tank truck, which 
would be purchased and put into operation as soon as the authority is 
granted. He further testified that he has a net worth of approximately 
$11,000. He also offered in evidence an unexecuted contract with K. R. 
Jones, an oil distributor, having places of business at New Bern, Bay- 
boro, Oriental, Stella and other points in eastern North Carolina. It 
appears from consideration of said proposed contract that the same 
complies with the law of this State with respect to a contract between 
a shipper and a contract carrier. The exact contents of which need not 
here be disclosed. He also testified that he desired, and would use, 
the services of said applicant if such authority were granted and that 
he would make use of said service to the extent of a hundred thousand 
gallons of petroleum products per month. 

Upon consideration of the application and the testimony offered in 
support thereof, the Hearing Commissioner is of the opinion and finds 
that the proposed operation is that of a contract carrier, that the same 
will be consistent with the transportation policy set out in the North 
Carolina Truck Act, will not impair the efficient service of common 
carriers operating in the area, and that the applicant is qualified to 
perform the proposed service. 

IT IS, THEREFORE, ORDERED: ; 

1. That a permit be issued to George McCotter, d/b/a McCotter 
Truck Line, New Bern, North Carolina, as particularly set out in Ex- 
hibit A hereto attached. 

2. That operations under said permit shall not begin until the ap- 
plicant shall have filed with the Commission: (a) a list of the equip- 
ment to be used in the operation, (b) insurance covering the same, and 
(c) a schedule of minimum rates as required by law. 

Issued by Order of the Commission. 

This 17th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-705 George McCotter, d/b/a McCotter Truck Line, 
contract carrier of property. New Bern, North 
Carolina 

EXHIBIT A: Transportation of petroleum products, in bulk 

in tank trucks under contract, from originating 
terminals at or near Wilmington and Morehead 
City to New Bern, Bayboro, Oriental and Stella. 



354 N. C. Utilities Commission 

DOCKET NO. T-448 

ORDER 

APPLICATION OF: J. D. McCotter, d/b/a 

McCotter Trucking Company 
Hackney Avenue 
Washington, N. C. 

HEARD IN: Williamston, N. C. on March 22, 1950. 

BEFORE: John Hill Paylor, Examiner 

APPEARANCES: 

For the Applicant: 

Redman and Redman, Attorneys at Law, Washington, North 
Carolina. 

For the Protestants: 

Mr. Copeland E. Adams, Attorney at Law, Blackstone, Virginia, 
for The Transport Corporation, Vance Trucking Company, Inc. 
and Forbes Transfer Company. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing at 11:00 a.m. on 
March 22, 1950, at the Martin County Courthouse, WiUiamston, N. C. 
Applicant seeks a certificate under Section 7 of the 1947 Truck Act to 
transport general commodities, except those requiring special equip- 
ment over irregular routes within the entire State of North Carolina. 

The applicant testified that the application and exhibits attached 
thereto were prepared by Miss Mary Scarborough, an employee and 
manager of the business, that he has operated throughout the entire 
State of North Carolina and has made a compilation of movements 
during 1946 to and from various points in the state. Miss Mary Scar- 
borough testified that she managed and kept the records for McCotter 
Trucking Company and that the application and exhibits attached 
thereto were prepared by her from said records and in addition thereto 
a compilation has been made of the various shipments to and from 
points within the State of North Carolina, and that application and 
exhibits attached thereto, as well as temporary authority dated Octo- 
ber 28, 1948, were offered in evidence supporting grandfather applica- 
tion. Miss Scarborough was cross-examined by the protestants. Prot- 
estants offered no evidence. The protestants testified on cross-examina- 
tion that no tobacco in hogsheads had been transported other than as 
lessee to some franchised carrier. Applicant and protestants waived 
the filing of proposed findings of fact and conclusions of law and briefs. 

The Examiner finds: 



Decisions and Adjustments of Complaints 355 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit D hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate com- 
merce as particularly set out in Exhibit B hereto attached and made a 
part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of rec- 
ord in this cause and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by Order of the Commission. 
This 15th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-448 J. D. McCotter, d/b/a 

McCotter Trucking Company 
Hackney Avenue 
Washington, N. C. 

EXHIBIT B: Transportation of general commodities, except 

those requiring special equipment and tobacco 
hogsheads over irregular routes between points 
and places within a 200-mile radius of Wash- 
ington. 

Transportation of corn over irregular routes from 
Pantego to High Point and from Terra Ceia to 
Wilmington. 

DOCKET NO. T-173 

FINAL ORDER 
APPLICATION OF: J. G. McGugan, Jr., Red Springs, North Carolina 



356 N. C. Utilities Commission 

HEARD IN: Raleigh, North Carolina, on May 30, 1949 

BEFORE: Fred C. Hunter, R. G. Johnson, and Joshua S. 

James, Commissioners 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Greensboro, North Carolina 

For the Protestants: 

J. Ruffin Bailey, Bailey & Holding, Attorneys at Law, Raleigh, 
N. C, for Fredrickson Motor Express Corporation, Helms Motor 
Express, and Miller Motor Express 

The applicant offered in evidence the application filed by him in this 
cause, and also offered in evidence the temporary authority issued to 
him by the Commission. The apphcant took the stand and testified that 
he had been engaged in the transportation of property by truck for many 
years, was so engaged in 1946, on January 1, 1947, and continuously 
since that time. The applicant further testified that he performed the 
services as set out in his temporary authority, but contended that while 
he did not file exceptions to said temporary authority that said tem- 
porary authority does not include a number of counties within the gen- 
eral area of his operations. He stated that while he did not transport 
any commodities during the period covered by his report of operations 
to every county within the general bounds of his operations, that he was 
holding himself out to do so, was able, ready and willing to do so, but 
was not called upon to transport commodities to each and every county 
within the general bounds of his operations. 

Upon consideration of the temporary authority issued and the testi- 
mony of the applicant as above set out, the Commission is of the opinion 
and finds that the said temporary authority should be modified to in- 
clude the area of the State set out in Exhibit B hereto attached. 

Protestants offered no testimony. 

Upon the consideration of the application and the exhibits attached 
thereto showing the nature and extent of the applicant's operations, and 
upon consideration of the testimony offered at hearing by said applicant 
as herein above set out, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the year 
1946, was so operating on January 1, 1947, and has continued to so oper- 
ate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 



Decisions and Adjustments of Complaints 



357 



port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicant in accordance with the findings 
and order herein. 

Issued by Order of the Commission. 



This 1st day of June, 1949. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 



ATTEST: 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-173 



EXHIBIT B: 



J. G. McGugan, Jr., irregular route common 
carrier. Red Springs, North Carolina 

General commodities, except those requiring spe- 
cial equipment, over irregular routes between 
points within a radius of 30 miles of Red Springs; 
from points in said area to points in the State 
bounded on the west by and including the coun- 
ties of Mecklenburg, Iredell, Yadkin and Surry, 
and on the east by and including the counties of 
New Hanover, Brunswick, Columbus, Bladen, 
Sampson, Johnston, Wake, Franklin and Warren; 
and from points within said boundaries to points 
within a radius of 30 miles of Red Springs. 

LIMITATION: Truck loads. 



DOCKET NO. T-667 

CONTRACT CARRIER APPLICATION 
FINAL ORDER 



APPLICATION OF: 

HEARD IN: 
BEFORE: 



J. D. McKeithan, d/b/a 
McKeithan Motor Line 
Raeford, North Carolina 

Raleigh, North Carolina, on April 7, 1949 

Fred C. Hunter and R. G. Johnson, Commissioners 



358 N. C. Utilities Commission 

APPEARANCES: 

For the Applicant: 

J. D. McKeithan, d/b/a 
McKeithan Motor Line 
Raeford, North Carolina 

For the Protestant: 

J. E. Bullock, Traffic Manager 
Thurston Motor Lines, Inc. 
Wilson, North Carolina 

By this application the applicant seeks a permit authorizing operations 
as a contract carrier in the transportation of insecticide from Moore 
County to points and places throughout the State. It appears from the 
evidence that the applicant and a manufacturer of insecticide, located 
in said county, have entered into a contract, a copy of w^hich will be 
filed with the Commission, and under which the proposed operation will 
be performed in accordance with the law relating to contract carriers. 

J. E. Bullock, Traffic Manager of Thurston Motor Lines, Inc., of Wil- 
son, North Carolina testified that said carrier and other carriers operat- 
ing in the general vicinity of said insecticide plant were in position to 
provide the service contemplated by the applicant. 

Upon consideration of all the testimony, the Commission finds that 
the proposed operation will be consistent with the public interest and 
the transportation policy declared by the Truck Act of 1947. 

IT IS, THEREFORE, ORDERED: 

That the said applicant be and is hereby authorized to operate as a 
contract carrier as particularly set out in Exhibit A, hereto attached, 
and made a part hereof and that this order shall constitute such author- 
ity until a formal permit shall have been issued by the Commission, sub- 
ject to the following conditions: 

(a) That the applicant shall file with the Commission a full and 
complete description of all motor vehicles to be used in the operation 
and shall provide insurance in the amount and form required by the 
Commission covering such equipment. 

(b) That the for-hire operations herein authorized shall be pre- 
scribed by and limited to individual contracts with each shipper served, 
true copies of which shall be filed with and approved by the Commission 
before operations thereunder shall commence. 

(c) That the applicant shall comply with the provisions of said Act 
applicable to contract carriers and with the rules and regulations of the 
Commission applicable to such carriers, including the publication and 
filing of minimum rates and charges, as required by Section 26 of said 
Act. 



Decisions and Adjustments of Complaints 



359 



Issued by Order of the Commission. 



This 7th day of April, 1949. 



ATTEST: 

Elsie G. Riddick, Chief Clerk 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 



DOCKET NO. T-667 



EXHIBIT A: 



J. D. McKeithan, d/b/a ^ •■' ■ 

McKeithan Motor Line 
Contract carrier 
Raeford, North Carolina 

The transportation of insecticide from points in 
Moore County to points throughout the State un- 
der a bilateral individual contract with each ship- 
per served. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-106 

CERTIFICATE NO. C-264 
FINAL ORDER 

McLean Trucking Company, Inc., 617 Waughtown 
Street, Winston-Salem, North Carolina 

Raleigh, North Carolina, December 9, 1948 

Commissioners Fred C. Hunter and R. G. Johnson 



For the Applicant: 

T. P. Ravenel, Dixie Building, Greensboro, North Carolina 

For the Protestants: 

I. M. Bailey, Bailey & Holding, Raleigh, North Carolina, for W. W. 
Miller, Jr., d/b/a Miller Motor Express; Fredrickson Motor Ex- 
press; and Mrs. Mabel D. Burton, d/b/a Helms Motor Express 

Upon the call of the above application for hearing, the applicant 
offered in evidence the application filed in this cause, including exhibits 
attached to and made a part thereof and rested; thereupon, the protes- 
tants above-named through their counsel, Mr. I. M. Bailey, moved to 
dismiss the application, motion overruled, protestants excepted. 

Upon consideration of the application, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bonafide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 



360 N. C. Utilities Commission 

year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same, as particularly set out in Exhibit A hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit A hereto attached and made a part 
hereof and that a certificate be issued to said applicant. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to each protestant of record in this cause. 

Issued by Order of the Commission 

This 14th day of January, 1949. 

Stanley Winborne, ChairTnan 
Fred C. Hunter, Coraraissioner 
R. G. Johnson, Commissioner 
ATTEST: 

Elsie G. Riddick, Chief Clerk 

DOCKET NO. T-106: McLean Trucking Company, Inc., regular route 
common carrier, 617 Waughtown Street. Winston- 
Salem, North Carolina 

EXHIBIT A— SCOPE OF OPERATIONS— General commodities, except 
those requiring special equipment. 

REGULAR ROUTES 

ROUTE NO. 1 FROM WINSTON-SALEM, N. C, TO ASHEVILLE, N. C, 

AND TUXEDO, N. C. 

Over U. S. Hy. 158 from Winston-Salem to Mocksville, thence over 

U. S. Hy. 64 to Statesville, thence over U. S. Hy. 70 to Asheville, 

thence over U. S. Hy. 25 to Tuxedo. 
ROUTE NO. 2. FROM WINSTON-SALEM, N. C, TO ROCKY MOUNT, 

N. C. 

Over U. S. Hy. 421 and N. C. Hy. 150 from Winston-Salem to Kerners- 

ville, thence over U. S. Hy. 421 to Greensboro, thence over U. S. Hy. 

70 and 70A to Raleigh, thence over U. S. Hy. 64 to Rocky Mount. 
ROUTE NO. 3. FROM WINSTON-SALEM, N. C. TO SILER CITY, N. C. 

Over U. S. Hy. 52 from Winston-Salem to Lexington, thence over 

U. S. Hy. 64 to Siler City. 
ROUTE NO. 4. FROM WINSTON-SALEM, N. C, TO HIGH POINT, N. C. 

Over U. S. Hy. 311. 



Decisions and Adjustments of Complaints 361 

ROUTE NO. 5. FROM GASTONIA, N. C, TO REIDSVILLE, N. C. 
Over U. S. Hy. 29 and 29A. 

ROUTE NO. 6. FROM SALISBURY, N. C, TO STATESVILLE, N. C. 
Over U. S. Hy. 70. 

ROUTE NO. 7. FROM GREENSBORO, N. C, TO WILMINGTON, N. C. 
Over U. S. Hy. 421 from Greensboro to Sanford, thence over N. C. 
Hy. 87 to Fayetteville, thence over U. S. Hy. 301 to Lumberton, thence 
over N. C. Hy. 211 to Bolton, thence over U. S. Hy. 74 to Wilmington. 

ROUTE NO. 8. FROM SANFORD, N. C, TO GREENVILLE, N. C, AND 
AYDEN, N. C. 

Over U. S. Hy. 421 from Sanford to Lillington, thence over N. C. 
Hy. 210 to its intersection with U. S. Hy. 15A one mile north of Lil- 
lington, thence over U. S. Hy. ISA to its intersection with N. C. Hy. 
55 three miles north of Fuquay Springs, thence over N. C. Hy. 55 to 
Angier, thence over N. C. Hy. 210 to Smithfield, thence over U. S. 
Hy. 301 to Wilson, thence over U. S. Hy. 264 to Greenville, thence 
over N. C. Hy. 11 to Ay den. 

And return over said routes, serving all intermediate points. 



DOCKET NO. T-21G 

FINAL ORDER 

APPLICATION OF: Ned McRae 

Laurinburg, North Carolina 

HEARD IN: Raleigh, North Carolina, on June 3, 1949 

BEFORE: Stanley Winborne, Chairman, Fred C. Hunter, and 

R. G. Johnson, Commissioners 

APPEARANCES: 

For the Applicant: 

James W. Mason, Attorney at Law, Laurinburg, N. C. 

For the Protestant: 

I. M. Bailey, Attorney at Law, Raleigh, N. C, for Fredrickson Mo- 
tor Express Corporation, Helms Motor Express and Miller Motor 
Express 

Upon the call of the hearing in this case, the applicant offered in 
evidence the original application, together with the exhibits thereto 
attached, and also offered in evidence the temporary authority issued to 
said applicant by the Commission, and rested. 

Protestants offered no testimony but moved that the application be 
dismissed. Motion was overruled and protestants excepted. 

Upon consideration of the application, the Commission is of the opin- 
ion and finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said sec- 
tion, and in compliance with the provisions thereof. 



362 



N. C. Utilities Commission 



(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and oi'der herein be mailed to the 
applicant, a copy thereof to the applicant's attorney and a copy thereof 
to the attorney appearing for the protestants, and that a certificate be 
issued to said applicant in accordance with the findings and order herein. 

Issued by Order of the Commission. 

This 6th day of June, 1949. 

Stanley Winborne, Chairmayi 
Fred C. Hunter, Commissioner 
Joshua S. James, Com,m,issioner 
R. G. Johnson, Com,missioner 
Edward H. McMahan, Com.m,issioner 
ATTEST: 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-216 



EXHIBIT B 



Ned McRae, irregular route 
Laurinburg, North Carolina 



common carrier, 



Transportation over irregular routes as follows: 
Cotton in bales from Laurinburg to Hope Mills. 
Plywood from Maxton and Laurinburg to Win- 
ston-Salem, Lincolnton, Wendell, Elkin, Lexing- 
ton, Norwood and North Wilkesboro. 
Canned goods from Wilmington to Laurinburg. 
Fertilizer in bags from Fayetteville and Wilming- 
ton to Laurinburg. 

Farm machinery from Charlotte and Raleigh to 
Laurinburg. 

Cotton yarn in bales or boxes from Laurinburg 
to Kannapolis, Concord, Belmont, Bessemer City, 
Mount Holly, Valdese and Morganton. 
Limitation: Cotton in bales, plywood, canned 
goods and fertilizer in truck loads only. 



Decisions and Adjustments of Complaints 363 

DOCKET NO, T-367 

ORDER 

APPLICATION OF: Fioyd E. West, d/b/a 

Merchants Delivery Service 
Raleigh, North Carolina 

HEARD IN: Raleigh, North Carolina, on January 4, 1950 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 
For the Applicant: 

Howard E. Manning, Attorney at Law, Raleigh, N. C. 

For the Protestant: 

Copeland E. Adams, Attorney at Law, Blackstone, Virginia, for 
The Transport Corporation, Vance Trucking Co., Inc and Forbes 
Transfer Company 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
N. C, for Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a 
Helms Motor Express and Miller Motor Express 

HUNTER, COMMISSIONER: This is a so-called grandfather appli- 
cation, filed with the Commission by the above-named applicant on Sep- 
tember 30, 1947, for a certificate under the provisions of Section 7 of 
the North Carolina Truck Act for authority to transport general com- 
modities as an irregular route carrier throughout the entire State of 
North Carolina. 

As provided by Section 7 (3), the applicant offered in evidence the 
application with the various exhibits attached thereto, including a report 
of operations for the calendar months of January, February and March, 
1946. Upon an analysis of said report of operations, the Commission, 
under date of November 1, 1948, issued to said applicant temporary au- 
thority by Section 10 of said Act, which temporary authority authorized 
the applicant to transport general commodities, except those requiring 
special equipment, over irregular routes between points and places 
within a radius of 150 miles of Raleigh. Upon a review of the applica- 
tion and particularly said report of operations, said temporary authority 
appears to fairly represent the nature and scope of the applicant's opera- 
tions in 1946 and as of January 1, 1947. Said report shows that the ap- 
plicant handled 63 shipments during said three months, which ship- 
ments originated at some 20 different points in the State, including such 
distant points as Reidsville, Mocksville, Belmont, Asheville, Roanoke 
Rapids and Jacksonville. Said shipments were delivered to some 32 
different points of the State, including such distant points as Reidsville, 
Winston-Salem, Hendersonville, Rutherfordton, Charlotte, Wilmington, 
Jacksonville and Rocky Point. Many of said points are more than 150 
miles from Raleigh, but it appeared from statements made by appli- 
cant's counsel at the hearing that the applicant considers the temporary 
authority as being fairly representative of the nature and scope of his 
operations as of January 1, 1947, and subsequent to that time. The appli- 



364 N. C. Utilities Commission 

cant, through counsel, disclaimed any rights to transport unmanufac- 
tured leaf tobacco. 

The protestants offered no testimony. 

Upon consideration of the application, the Hearing Commissioner 
finds: 

( 1 ) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said sec- 
tion, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy thereof to the applicant's counsel, and a copy thereof 
to counsels for protestants, and that a formal certificate be issued to the 
applicant in accordance with the findings and order herein. 

Issued by Order of the Commission. 

This 20th day of January, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-367 Floyd E. West, d/b/a Merchants Delivery Serv- 
ice, irregular route common carrier, Raleigh, 
North Carolina 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment and except 
unmanufactured leaf tobacco, between points and 
places within a radius of 150 miles of Raleigh. 



DOCKET NO. T-663 

COMMON CARRIER APPLICATION 
FINAL ORDER 
APPLICATION OF: Miller Motor Line of North Carolina, Inc. 
P. O. Box 457 
Greensboro, North Carolina 



Decisions and Adjustments of Complaints 365 

HEARD IN: Raleigh, North Carolina, on March 24, 1949 

BEFORE: Fred C. Hunter and R. G. Johnson, Commissioners 

APPEARANCES: 

For the Applicant: 

Mr. Henry E. Ketner, Attorney at Law 
State Planters Bank Building 
Richmond, Virginia 

No Protestants 

The applicant in this case seeks a Certificate of Public Convenience 
and Necessity under the provisions of the North Carolina Truck Act 
authorizing operations by motor vehicle in intrastate commerce in the 
transportation of liquid urea-formaldehyde resin, generally known as 
glue, and other types of glue and glue products in bulk in tank trucks 
from points and places within a radius of five miles of Kernersville, 
N. C. to points and places throughout the State. The service proposed 
is a highly specialized service requiring special equipment that would 
be used exclusively for the transportation of the products above- 
named. 

It appears from the testimony that the proposed service differs in 
character from any motor carrier service now being performed in in- 
trastate commerce in North Carolina, and that certain protests which 
were filed to the application by other motor carriers were withdrawn 
for that reason. It also appears from the testimony that a public de- 
mand and need exists for the proposed service and the same will be 
used if made available, and that the applicant is well qualified in all 
respects to perform the service. There being no protests or opposition 
to the application, the Commission deems it unnecessary to recapitu- 
late the testimony. The same is a matter of record in this case and 
will be transcribed and made available to any interested party. It is 
considered sufficient to say that the application was well supported by 
the testimony of competent witnesses from whose testimony the Com- 
mission finds public convenience and necessity for the proposed service. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be, and is hereby, granted authority to oper- 
ate as a common carrier in intrastate commerce over irregular routes 
in the transportation of the commodities described within the territory 
described, as particularly set out in said Exhibit B, subject to the fol- 
lowng conditions: 

(a) That the operations under the authority herein granted shall 
begin within 30 days from the date hereof, and shall not thereafter be 
suspended or discontinued without notice to and written consent from 
the Commission. 

(b) That within 30 days from the date hereof, and before beginning 
operations, the applicant shall (1) file with the Commission on Form 



366 



N. C. Utilities Commission 



N. C. M. C. 19 a full and complete description of each truck, tractor 
and trailer to be used in the operation, (2) file with the Commission 
certificates of insurance on Forms N. C. M. C. 22 and 23, and (3) print 
and file with the Commission tariffs, as required by Section 25 (2) of 
said Truck Act, showing all rates and charges to be made for or in 
connection with the transportation services herein authorized. 

2. That this cause be retained for such other or further orders as 
may be made upon consideration of exceptions, if any, filed to the find- 
ings and order herein within the time allowed by law. 

Issued by Order of the Commission. 



This 26th day of March, 1949. 



ATTEST: 

Elsie G. Riddick, Chief Clerk 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
R. G. Johnson, Commissioner 



DOCKET NO. T-663 Miller Motor Line of North Carolina, Inc., Ir- 
regular route common carrier, Greensboro, North 
Carolina 



EXHIBIT B: 



Transportation of liquid urea-formaldehyde 
resin, generally known as glue, and other types of 
glue and glue products in bulk in tank trucks 
over irregular routes from points and places 
within a radius of five miles of Kernersville, 
N. C. to points and places throughout the State 
of North Carolina. 



DOCKET NO. T-302 



APPLICATION OF: 



HEARD IN: 
BEFORE: 



ORDER 

R. D. Morgan, d/b/a 
Morgan Trucking Company 
500 W. Morehead Street 
Charlotte, North Carolina 

Raleigh, North Carolina, on June 9, 1949. 

John Hill Paylor, Examiner 



APPEARANCES: 
For the Applicant: 

Mr. Elbert E. Foster, Attorney at Law, Charlotte, N. C. 

For the Protestants: 

Mr. Ruffin Bailey, Attorney at Law; Bailey and Holding, Attor- 
neys at Law, Raleigh, N. C, for Fredrickson Motor Express, Helms 
Motor Express and Miller Motor Express. 



Decisions and Adjustments of Complaints 367 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

By the above application the applicant, R. D. Morgan, d/b/a Morgan 
Trucking Company, seeks a certificate under the provisions of Section 7 
of the 1947 Truck Act to transport general commodities except those 
requiring special equipment over irregular routes from Charlotte, N. C. 
to points and places within the following counties: Cherokee, Transyl- 
vania, Buncombe, Henderson, McDowell, Rutherford, Caldwell, Burke, 
Cleveland, Wilkes, Alexander, Catawba, Lincoln, Gaston, Iredell, Meck- 
lenburg, Surry, Yadkin, Davie, Rowan, Cabarrus, Union, Forsyth, David- 
son, Stanly, Anson, Montgomery, Richmond, Moore, Scotland, Lee, 
Robeson, Harnett, Cumberland, Columbus, Sampson, New Hanover, 
Wake, Durham, Orange, Alamance, Guilford, Rockingham, Vance and 
Halifax. 

The applicant, R. D. Morgan, testified that the applications and ex- 
hibits attached thereto were prepared under his instructions and from 
records made of his 1946 operations which said records were in the 
form of waybills all of which he had in his possession and which were 
tendered to attorney representing protestants. Application and exhibits 
attached thereto and Temporary Authority No. C-277 were offered in 
evidence supporting Grandfather application. Applicant testified on 
cross examination that he was only interested in truck load movements. 
Protestants offered no evidence. Applicant and protestants waived the 
filing of proposed findings of fact and conclusions of law and briefs. 
The examiner finds (1) That said application was filed under the provi- 
sion of Section 7 of the N. C. Truck Act within the time required by 
said Act and in compliance with the provisions thereof. (2) That said 
applicant was in bona fide operation as a common carrier of property 
by Motor Vehicle in intrastate commerce during the year 1946, and 
was so operating on January 1, 1947, and has continued to operate since 
that time. (3) That the operations shown by the report of said appli- 
cant as required by Section 7 (b) of said Act were reasonably frequent 
and continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That the applicant be, and is hereby, authorized to operate as 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and to attorneys for protestants of 
record in this cause and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by Order of the Commission. 
This 28th day of July, 1949. 

Myrtha Fleming, Chiej Clerk 



368 



N. C. Utilities Commission 



DOCKET NO. T-302 R. D. Morgan, d/b/a 

Morgan Trucking Company 
500 W. Morehead Street 
Charlotte, N. C. 



EXHIBIT B: 



General commodities except those requiring 
special equipment over irregular routes from 
Charlotte, N. C. to points and places within the 
following counties: Cherokee, Transylvania, Bun- 
combe, Henderson, McDowell, Rutherford, Cald- 
well, Burke, Cleveland, Wilkes, Alexander, Ca- 
tawba, Lincoln, Gaston, Iredell, Mecklenburg, 
Surry, Yadkin, Davie, Rowan, Cabarrus, Union, 
Forsyth, Davidson, Stanly, Anson, Montgomery, 
Richmond, Moore, Scotland, Lee, Robeson, Har- 
nett, Cumberland, Columbus, Sampson, New 
Hanover, Wake, Durham, Orange, Alamance, 
Guilford, Rockingham, Vance and Halifax. 



DOCKET NO. T-90. SUB 1 

ORDER 
APPLICATION OF: Murrow's Transfer, Inc. 



High Point, North Carolina 

Raleigh, North Carolina, on October 5, 1949 

Commissioner Fred C. Hunter 



HEARD IN: 

BEFORE: 

APPEARANCES: 

For the Applicant: 

Walter E. Crissman, Attorney at Law, High Point, North Carolina 

HUNTER, COMMISSIONER. This is an application filed under Sec- 
tion 11 of the North Carolina Truck Act, for an amendment to the appli- 
cant's present operating authority as a common carrier, to include in 
addition to the territory the applicant is now authorized to serve the 
remainder of the entire State of North Carolina. This is to say the ap- 
plicant seeks authority as a common carrier to transport new furniture, 
uncrated, from High Point to points and places throughout the State 
of North Carolina. Mr. W. C. Murrow, president of the applicant cor- 
poration, testified in behalf of the applicant, and to the effect that the 
applicant is having many requests from furniture manufacturers of 
High Point, to transport new furniture uncrated to various points and 
places throughout the State of North Carolina, and that its present 
operating authority, while embracing a large portion of the State of 
North Carolina, does not include the entire State. The application was 
supported by some five or six furniture manufacturers in High Point, 
whose testimony was to the effect that High Point is the greatest furni- 
ture manufacturing town in the entire southeastern section of the 
United States, having several hundred furniture manufacturers in said 



Decisions and Adjustments of Complaints 369 

town; that the demand for the movement of furniture uncrated from 
High Point to points and places in the State far exceeds the present 
transportation facilities of existing authorized common carriers; that 
the service proposed by the applicant is greatly needed in addition to 
all existing authorized service of that character. 

No protests were filed to said application; however, Byrd Motor 
Line, an authorized common carrier of furniture operating out of High 
Point, appeared at said hearing through M. L. Byrd, and asked for per- 
mission to be heard as a protestant or as an intervenor. This request 
was denied for the reason that a protest or a petition to intervene was 
not filed with the Commission within the time prescribed by its rules. 

Upon consideration of the testimony of the applicant and of a num- 
ber of shippers of High Point, the Hearing Commissioner is of the 
opinion and finds that public convenience and necessity exists for the 
proposed service in that the transportation of furniture uncrated is a 
specialized service, and that there is a public demand and need for 
this service, in addition to service of like character now performed by 
other authorized carriers. 

IT IS, THEREFORE, ORDERED: 

That the application be, and the same is hereby, granted, and that 
a certificate be issued to said applicant authorizing the transportation 
services as particularly set out in Exhibit B hereto attached. 

Issued by Order of the Commission. 
This 17th day of October, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET T-90, Sub 1 Murrow's Transfer, Inc., 

Irregular route common carrier. 
High Point, North Carolina 

EXHIBIT B: Transportation of new furniture uncrated, over 

irregular routes from High Point to points and 
places throughout the State of North Carolina. 
The authority herein granted includes the oper- 
ating authority heretofore isued to the appli- 
cant in Docket No. T-90. 



DOCKET NO. T-90 AND DOCKET NO. T-90, SUB I 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

Motor Carrier Operating Rights of Murrow's 
Transfer, Inc., High Point, North Carolina. 



370 N. C. Utilities Commission 

CORRECTION 

ORDER 

HUNTER, COMMISSIONER. The matter of the apphcant's operat- 
ing rights in Docket No. T-90, Sub 1, now comes before the Commission 
upon a motion in said cause in which it is contended by the applicant 
that through some inadvertence or oversight the Commission limited ap- 
plicant's furniture operating rights to "uncrated" new furniture, and 
moved that said authority be corrected by strking out the word "un- 
crated. The facts are: 

1. By order dated March 11, 1949, in Docket No. T-90, the same be- 
ing a grandfather application, the Commission authorized said applicant 
to transport new furniture over irregular routes from High Point to points 
and places in thirty-eight (38) counties, a formal certificate No. C-280 
having been issued on April 15, 1949, as authorized by said order. 

2. Upon application under Section 11 of the North Carolina Truck 
Act, the Commission under date of October 17, 1949, authorized the appli- 
cant to transport new furniture uncrated from High Point over irregular 
routes to points and places throughout the State, including the thirty- 
eight (38) counties above referred to, formal certificate therefor having 
been issued on October 17, 1949. 

Upon consideration of the application above referred to, the testi- 
mony offered in Docket No. T-90, Sub 1, and the motion filed in this 
cause, the Commission is of the opinion and finds that the word "un- 
crated" was used in said October 17, 1949, and in said certificate issued 
on said date, inadvertently and without any basis for such a limitation. 

IT IS, THEREFORE, ORDERED: 

1. That said order of the Commission dated October 17, 1949, and the 
certificate issued said applicant on said date, be amended by striking 
therefrom the word "uncrated". 

2. That said outstanding certificates issued to the applicant on April 
15, 1949, and on October 17, 1949, both of which are designated as No. 
C-280, be cancelled and a new certificate in lieu thereof be issued to said 
applicant as particularly set forth in Exhibit B hereto attached. 

Issued by Order of the Commission. 

This 11th day of July, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



DOCKET NOS. T-90 AND 
T-90, SUB 1 



Murrow's Tranfers, Inc., 
Irregular Route Common Carrier, 
High Point, North Carolina. 



Decisions and Adjustments of Complaints 371 

EXHIBIT B The transportation of new furniture, crated 

or uncrated, over irregular routes from 
High Point to points and places throughout 
the State of North Carolina. 



DOCKET NO. T-304 

ORDER 

APPLICATION OF: C. L. Nance, d/b/a C. L. Nance Transfer White- 
ville, North Carolina 

HEARD IN: Raleigh, North Carohna, on April 27, 1950 

BEFORE: M. B. Glover, Examiner 

APPEARANCES: 

For the Applicant: 

Arch T. Alen, Attorney at Law, Raleigh, North Carolina 
Clayton C. Holmes, Attorney at Law, Box 757, Wilmington, 
North Carolina 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, North 
Carolina, for Fredrickson Motor Express, Mrs. Mabel D. Burton, 
d/b/a Helms Motor Express and Miller Motor Express 

Copeland E. Adams, Attorney at Law, Blackstone, Virginia, for The 
Transport Corporation, Vance Trucking Co., Inc., and Forbes Trans- 
fer Company 

GLOVER, EXAMINER. This is an application filed with the North 
Carolina Utilities Commission on September 29, 1947, under Section 8 
of the North Carolina Truck Act, which application was classified by 
said Commission under Section 7 of the North Carolina Truck Act. The 
applicant seeks authority to transport general commodities, except those 
requiring special equipment, over irregular routes between points and 
places within the following counties: Mecklenburg, Stanly, Anson, Mont- 
gomery, Richmond, Moore, Lee, Robeson, Bladen, Columbus, Brunswick, 
New Hanover, Sampson, Duplin, Onslow, Craven, Wayne, Greene, Wilson, 
Washington, Wake, Vance, Durham, Guilford and Forsyth. 

This application was refrred to M. B. Glover, Examiner, for hearing, 
report and recommended order, by order of the North Carolina Utilities 
Commission on April 26, 1950. 

Upon an analysis of the application, the Commission issued a temp- 
rary authority on said application on November 3, 1948, as provided by 
Section 10 of the North Carolina Truck Act, along with instructions for 
filing exceptions to the temporary authority, and the applicant elected 
to file no exceptions. Said temporary authority was as follows: 



372 N. C. Utilities Commission 

"COMMODITY DESCRIPTION 

General Commodities, except those requiring special equip- 
ment. 

TERRITORY DESCRIPTION 

Irregular Routes 
Between points and places within the following counties: Mecklen- 
burg, Stanly, Anson, Montgomery, Richmond, Moore, Lee, Robeson, 
Bladen, Columbus, Brunswick, New Hanover, Sampson, Duplin, 
Onslow, Craven, Lenoir, Wayne, Greene, Wilson, Washington, 
Wake, Vance, Durham, Guilford and Forsyth." 

Protests were filed opposing the granting of said temporary authority 
on December 27, 1949, in so far as unmanufactured leaf tobacco and re- 
lated commodities described in N. C. U. C. Docket No. 2417 were involved, 
by the Transport Corporation, of Blackstone, Virginia, Vance Trucking 
Company, Inc., Henderson, North Carolina, and Forbes Transfer Com- 
pany, of Wilson, North Carolina, and by Fredrickson Motor Express, 
Charlotte, North Carolina, Mrs. Mabel D. Burton, d/b/a Helms Motor Ex- 
press, Albemarle, North Carolina, and Miller Motor Express, Charlotte, 
North Carolina. 

At the time of hearing the applicant offered in evidence the original 
application together with the exhibits thereto attached, and also offered 
in evidence said temporary authority. The applicant elected to file with 
his application a report of his operations for the month of June, 1946, 
and October, 1946, as provided by Section 7 (b) of the North Carolina 
Truck Act. Said report lists the shipments handled during June, 1946, 
and October, 1946, from which the Examiner finds that the applicant 
was engaged in the transportation of general commodities and was so en- 
gaged on January 1, 1947. The application offered in support thereof 
appears to justify the applicant's claim to the irregular route operating 
authority set out in said application. 

Upon consideration of the application and exhibits thereto attached, 
the Examiner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That the said applicant was in bona fide operation as an irregular 
route common carrier of property by motor vehicle in intrastate com- 
merce during the year 1946, was so operating on January 1, 1947, and 
has continued to so operate since that time. 

3. That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Truck Act were reasonably frequent 
and continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto attached. 



Decisions and Adjustments of Complaints 



373 



IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the ap- 
plicant, and a copy to each attorney for the applicant, and a copy to each 
attorney for the protestants, and a formal certificate be issued to the 
applicant in accordance with said findings and order. 

Issued by Order of the Commission. 

This 15th day of May, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 



DOCKET NO. T-304 



EXHIBIT B 



LIMITATION: 



C. L. Nance, d/b/a C. L. Nance 
Transfer, irregular route common 
carrier, Whiteville, North Carolina 

(1) The transportation of general commodities, 
except those requiring special equipment 
and except unmanufactured tobacco and ac- 
cessories as set out in Docket No. 2417, over 
irregular routes between points and places 
within the following counties: Mecklenburg, 
Stanly, Anson, Montgomery, Richmond, 
Moore, Lee, Bladen, Brunswick, New Han- 
over, Sampson, Duplin, Onslow, Craven, 
Lenoir, Wayne, Greene, Washington, Wake, 
Durham, Guilford and Forsyth. 

(2) The transportation of general commodities, 
except those requiring special equipment, 
over irregular routes between all points and 
places within the following counties: Robe- 
son, Columbus, Vance and Wilson. 

Truck loads only. 



DOCKET NO. T-8, SUB 1 

Troy S. Newman and J. H. Newman, d/b/a 
Newman Brothers Trucking Company, Leaksville, 
North Carolina 

Raleigh, North Carolina, on September 28, 1949 

Fred C. Hunter, Commissioner 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 

For the Applicant: 

Price and Osborne, Attorneys at Law, Leaksville, North Carolina 



374 N. C. Utilities Commission 

For the Protestants: 

James E. Wilson, Attorney at Law, Mayflower Office Building, 
Washington, D. C, for Maybelle Transport Company, Inc., C. A. 
Home, Parmenter Transport Company, I. J. Stevens and Sons, 
Greene Transport Service, Inc., F. T. Loftin, and H. & L. Trans- 
portation 

HUNTER, COMMISSIONER. The applicants herein now hold author- 
ity issued by the Commission authorizing the transportation of petroleum 
products in bulk in tank trucks, from existing originating terminals at or 
near Wilmington, Morehead City, River Terminal, Thrift, Friendship and 
Salisbury, over irregular routes to Leaksville, Stoneville, Henderson and 
Elkin, serving said destination points only, as will appear by reference 
to Docket No. T-8. By the present application said applicants seek au- 
thority to transport petroleum products in bulk in tank trucks, from said 
originating points over irregular routes to points and places in the coun- 
ties of Rockingham, Stokes, Caswell, Surry and Wilkes. Said applicants 
testified in their own behalf as to their experience in the oil transporta- 
tion business, their financial means, and as to their equipment, from 
which testimony it appears that said applicants have been in the oil 
transportation business for many years, have a net worth of approxi- 
mately $35,000, and now own and operate two tractor trailer units of a 
capacity of 5,000 gallons each. They further testified that they had re- 
ceived many requests from shippers in the territory of the proposed 
service. 

Mr. T. C. Stone, a witness for applicants, testified that he resided 
at Stoneville, North Carolina, and that he is in the oil business at Stone- 
ville, handling the products of the Superior Oil Company at many points 
in the counties of Rockingham, Stokes and Caswell; that he has on many 
occasions called upon common carriers serving said area for transporta- 
tion service and has failed to obtain service of any kind at times and at 
other times only after unreasonable delay; that many of the carriers 
serving said area are in the oil business themselves and give preference 
to their own private needs. Mr. Stone further testified that he used from 
25 to 30 tank loads of petroleum a month, and that he is expanding his 
oil business to other points and places in the counties of Rockingham, 
Stokes and Caswell. 

Mr. G. C. Boyle, a witness for applicants, stated that he is in the oil 
business at Elkin, North Carolina, handling the products of the Republic 
Oil Company, and that his territory comprises Surry and Wilkes Coun- 
ties. He testified that he receives approximately 30 tank truck loads 
of petroleum products at Elkin per month and distributes the same in his 
own equipment to his various places of business in Surry and Wilkes 
Counties, and that he has found that many of the existing authorized car- 
riers serving his territory are in the oil business themselves and show a 
preference between themselves and other users. 

The protestants ofl:ered evidence to the effect that they had authority 
to serve the territory involved in the instant application, that they are 
now operating at approximately 50 per cent capacity, and that they want 



Decisions and Adjustments of Complaints 375 

and need the oil transportation business in the counties involved, and 
that there is no public demand or need for additional transportation serv- 
ice in said counties. Mr. C. A. Home, of Wilmington, testified that he 
had operating rights to transport petroleum products in bulk throughout 
the State, that he owns and operates three tractor trailer units, each 
having a carrying capacity of 5,000 gallons, and that his equipment is 
now operating at about 50 per cent capacity. Mr. C. C. Lemonds, pro- 
testant, testified that he is in the oil transportation business, operating 
under the name of H. & L. Transportation which has statewide operat- 
ing rights granted by the Commission, and has four tractor trailer units, 
that neither he nor his partner, W. T. Howell, Jr., are oil distributors, 
and that their services are available to all shippers in the territory in- 
volved in this application, and that they want and need the business in 
that area. Mr. C. C. Parmenter, of the Parmenter Transport Company 
of Wilmington, and Mr. B. C. Young, of the Maybelle Transport Com- 
pany, Inc., of Lexington, testified that their respective companies, which 
are authorized common carriers of petroleum products, have ample fa- 
cilities to perform the proposed service, and that they desire and need 
the transportation business proposed, and that their equipment is operat- 
ing at much less than capacity. The operating rights of both these car- 
riers includes some 80 counties of the State. 

Upon consideration of all the testimony, the Hearing Commissioner is 
of the opinion that a public demand and need exists for the proposed 
.service and so finds. 

IT IS, THEREFORE, ORDERED: 

That the applicant's operating authority be amended to include the 
right to transport petroleum products in bulk as particularly set out in 
Exhibit B hereto attached. 

Issued by Order of the Commission. 

This 5th day of October, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-8, SUB 1 Troy S. Newman and J. H. Newman, 

d/b/a Newman Brothers Trucking 
Company, irregular route common 
carrier, Leaksville, North Carolina 

EXHIBIT B Transportation of petroleum products in 

bulk in tank trucks, from originating termi- 
nals at or near Wilmington, Morehead 
City, River Terminal, Thrift, Friendship 
and Salisbury, to points and places in the 
counties of Rockingham, Stokes, Caswell, 
Surry and Wilkes. 

NOTE: The authority herein granted embraces and supersedes the op- 
erating authority heretofore granted by the Commission in 
Docket No. T-8. 



376 N. C. Utilities Commission 

DOCKET NO. T-207 

FINAL ORDER 

APPLICATION OF: Mark, Isam and William E. Nixon, d/b/a 
Nixon Brothers Transfer 
Smithfield, North Carolina 

HEARD: Raleigh, North Carolina, on June 2, 1949 

BEFORE: Fred C. Hunter, R. G. Johnson and Edward H. Mc- 

Mahan, Commissioners 

APPEARANCES: 

For the Applicant: 

William T. Hatch, Attorney at Law, Raleigh, North Carolina 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, N. C, 
for Fredrickson Motor Express Corporation, Miller Motor Express, 
and Helms Motor Express 

Upon the call of this application for hearing, the applicants offered in 
evidence the original application along with the exhibits thereto attached, 
and offered in evidence the temporary authority issued to said applicants 
by the Commission. Mark Nixon, one of the partners in said business, 
testified that he and his two brothers had been engaged in the transpor- 
tation of property for compensation by truck for many years, were so 
operating in 1946, on January 1, 1947, and have continued to so operate 
since that time. Said witness further testified that said operations in the 
past had covered and now cover some sixty (60) counties in North Caro- 
lina, and include practically all of the counties of the State except those 
in the extreme west and northwest section of the State. 

An analysis of Exhibit No. 3 attached to the application along with 
other exhibits shows operations by the applicants as far west as Ruther- 
ford County and as far east as New Hanover, Carteret, Washington and 
Chowan Counties, and to or from almost every county in the Piedmont 
and eastern section of the State. 

While the applicants did not file exceptions to the temporary authority 
issued by the Commission, the Commission is of the opinion and finds 
that as of January 1, 1947, the applicants were holding themselves out 
to serve and were serving points and places throughout the Piedmont 
and eastern section of the State, and that the temporary authority so 
issued should have authorized operations in said areas, and that the 
certificate to be issued should likewise authorize operations throughout 
the said areas to the extent particularly set out in Exhibit B hereto 
attached. 

Upon consideration of the application and the oral testimony offered 
at said hearing, the Commission is of the opinion and finds: 

(1) That said application was filed under the provisions of Section 7 



Decisions and Adjustments of Complaints 



377 



of the North Carolina Truck Act, within the time required by said Section 
and in compliance with the provisions thereof. 

(2) That said applicants were in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, were so operating on January 1, 1947, and have continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicants, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report: that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicants be, and are hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicants, and a copy thereof to the applicants' attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicant in accordance with the findings and 
order herein. 

Issued by Order of the Commission. 



This 6th day of June, 1949. 



Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 



ATTEST: 



Myrtha Fleming, Chief Clerk 

DOCKET NO. T-207 Mark Nixon, Isam Nixon, and William E. Nixon, 
d/b/a Nixon Brothers Transfer, irregular route 
common carrier, Smithfield, North Carolina 



EXHIBIT B 



General Commodities, except those requiring spe- 
cial equipment, over irregular routes to and from 
points in the State in and east of the counties 
of Rutherford, Cleveland, Catawba, Iredell, Davie, 
Forsyth, and Rockingham. 

LIMITATION: Truck loads 



APPLICATION OF: 



DOCKET NO. T-305 

ORDER 

North State Motor Lines, Inc. 

1301 Raleigh Road 

Rocky Mount, North Carolina 



378 N. C. Utilities Commission 

HEARD IN: Tarboro, N. C, on March 23, 1950. 

BEFORE: John Hill Paylor, Examiner - 

APPEARANCES: 

For the Applicant: 

Mr. James E. Wilson, Attorney at Law, Mayflower Office Building, 
Washington, D. C. 

For the Protestants: 

Mr. J. Ruff in Bailey, Attorney at Law, Bailey and Holding, At- 
torneys at Law, Raleigh, N. C. for Fredrickson Motor Express, 
Helms Motor Express and Miller Motor Express. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: Applicant filed application under Section 7 of the 1947 
Truck Act, which said application was calendared for hearing at 10:00 
a. m. on March 23, 1950, at the Edgecombe County Courthouse, Tarboro, 
N. C. Applicant seeks a certificate under Section 7 of the 1947 Truck Act 
to transport general commodities except those requiring special equip- 
ment over irregular routes between points and places within the follow- 
ing counties: Buncombe, Iredell, Mecklenburg, Guilford, Orange, Durham, 
Wake, Chatham, Lee, Harnett, Johnston, Robeson, Halifax, Nash, Edge- 
combe, Wilson, Pitt, Greene, Wayne, Lenoir, Craven, Duplin, Hertford, 
Martin, Beaufort and Hyde. 

Mr. Hadley Bryan, President of the Corporation, testified that the 
application and exhibits attached thereto were prepared under his in- 
structions and from records made of the 1946 operations. Application, 
exhibits attached thereto, temporary authority issued October 28, 1948, 
exhibits attached thereto, exceptions filed January 12, 1949, revised tem- 
porary authority dated February 9, 1949, and exhibit attached thereto 
were offered in evidence supporting grandfather application. Mr. Bryan 
was cross-examined by protestants. Protestants offered no evidence. 
Applicant and protestants waived the filing of proposed findings of fact 
and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant as re- 
quired by Section 7 (b) of said Act were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 



Decisions and Adjustments of Complaints 



379 



tion of the same as particularly set out in Exhibit B hereto attached. 
IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accord- 
ance with said findings and order. 

Issued by Order of the Commission. 

This 17th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chiej Clerk 



DOCKET NO. T-305 



EXHIBIT B 



North State Motor Lines, Inc. 

1301 Raleigh Road 

Rocky Mount, North Carolina 

General commodities except those requiring spe- 
cial equipment over irregular routes between 
points and places within the following counties: 
Buncombe, Iredell, Mecklenburg, Guilford, 
Orange, Durham, Wake, Chatham, Lee, Harnett, 
Johnston, Robeson, Halifax, Nash, Edgecombe, 
Wilson, Pitt, Greene, Wayne, Lenoir, Craven, 
Duplin, Hertford, Martin, Beaufort and Hyde. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-13I 

ORDER 

Francis Owen Nunn, d/b/a Nunn's Transfer 
Greenville, North Carolina 

Raleigh, North Carolina, on November 14, 1949 

Fred C. Hunter, Commissioner 



For the Applicant: 

Kenneth G. Hite, Attorney at Law, Greenville, North Carolina 

For the Protestants: 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
North Carolina, for Fredrickson Motor Express, Mrs. Mabel D. 
Burton, d/b/a Helms Motor Express, and Miller Motor Express 

HUNTER, COMMISSIONER. The above-named applicant now holds 
authority issued by the Commission in Docket No. 2947 to transport un- 



380 N. C. Utilities Commission 

manufactured tobacco, cotton in bales, and peanuts between points and 
places in North Carolina, east of a north-south line from the Virginia 
State Line through Shelby to the South Carolina State Line, including 
Shelby. In the proceeding now before the Commission, the applicant 
seeks additional authority under the provisions of Section 7 of the 
North Carolina Truck Act to transport general commodities throughout 
the State of North Carolina. The application was received by the Com- 
mission on September 2, 1947, to which was attached certain exhibits 
showing the equipment owned and operated by the applicant, his assets 
and liabilities, and a report of operations for the month of October, 1946. 
Cetrain temporary authority was issued by the Commission to the 
applicant as provided in Section 10 of said Act. Exceptions were filed by 
the applicant to said temporary authority, and upon consideration of 
said exceptions, said temporary authority was revised and reissued 
under date of February 9, 1949, all of which was according to the 
Commission's rules and regulations as particularly set out by the Com- 
mission's general order in Docket No. 4066-B. The temporary authority 
as revised authorized the transportation of general commodities over 
irregular routes between points and places in the counties of Burke, 
Iredell, Mecklenburg, Cabarrus, Forsyth, Davidson, Rockingham, Guil- 
ford, Moore, Lee, Harnett, Cumberland, Sampson, Duplin, New Hanover, 
Durham, Wake, Johnston, Wayne, Lenoir, Carteret, Craven, Pamlico, 
Hyde, Washington, Beaufort, Pitt, Martin, Bertie, Chowan, Gates, Hert- 
ford, Wilson, Edgecombe, Nash, Halifax, Warren, Vance and Granville. 

Upon receipt of the temporary authority as revised, the applicant 
filed further exceptions thereto and demanded a hearing before the 
Commission, on the grounds that the tentative authority granted did 
not fairly represent the scope of the applicant's operation as shown by 
the application and exhibits filed therewith. 

Upon a careful analysis of the operations shown to have been per- 
formed by the applicant during the year 1946, the Hearing Commissioner 
is of the opinion that said temporary authority does not accurately repre- 
sent the nature and scope of the applicant's operations, and that neither 
the authority so granted nor the exceptions filed thereto by the applicant 
can be sustained. The applicant's operations in the past have clearly 
been limited to transportation to and from points in the area of the 
State east of Raleigh and north of Jacksonville. From this area the 
applicant has made frequent hauls to points in the State as far west as 
Charlotte and Statesville, and also in the reverse direction to points 
generally east of Raleigh. This appears to be the pattern of the appli- 
cant's operations prior to, on and subsequent to January 1, 1947, and to 
this extent is supported by the applicant's report of operations in 1946. 

The applicant testified in his own behalf to the effect that he had 
been engaged in the transportation of property by motor vehicle for 
some 12 years, was so operating during the year 1946, and has continued 
to so operate since that time. He further testified that he had five 
truck-trailer units now in regular operation and that he has a net worth 
of approximately $18,000. 



Decisions and Adjustments of Complaints 381 

The protestants offered no testimony and were not present at the 
hearing, but through their counsel objected to any and all testimony 
based upon reports of operations and other documents which the Com- 
mission permitted to be filed subsequent to October 1, 1947. 

Upon consideration of all the testimony, the Hearing Commissioner 
finds : 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Secton, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common carrier 
of property by motor vehicle in intrastate commerce during the year 
1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

3. That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to counsel for applicant and protestants, and that a 
formal certificate be issued to the applicant in accordance with the find- 
ings and order herein, including the operating rights heretofore issued 
to the applicant in Docket No. 2947. 

Issued by Order of the Commission. 

This 28th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-131 Francis Owen Nunn, d/b/a Nunn's Transfer, ir- 
regular route common carrier, Greenville, North 
Carolina 

EXHIBIT B 1. The transportation of unmanufactured tobacco, 

cotton in bales, and peanuts between points 
and places in the State of North Carolina, east 
of a north-south line from the Virginia State 
Line to the South Carolina State Line through 
Shelby, including Shelby. (Docket 2947) 

2. General commodities except those requiring 
special equipment: 



382 N. C. Utilities Commission 

(a) Between points and places in the State, 
north and east of the counties of Onslow, 
Duplin, Wayne, Johnston, Franklin and 
Warren, including points and places in said 
counties. 

(b) From points and places in the area de- 
scribed in (a) above, to points and places 
in North Carolina, on and east of U. S. 
Highway 21. 

(c) From points and places on and east of 
U. S. Highway 21 to points and places in 
the area described in (a) above. 

DOCKET NOS. T-346, T-346, SUB 1 
ORDER 

APPLICATION OF: Clifton L. Oakley, d/b/a 
Oakley Transfer Service 
Box 117 
Tarboro, North Carolina 

HEARD IN: Tarbor, N. C, on March 23, 1950. 

BEFORE: John Hill Pay lor, Examiner 

APPEARANCES: 

For the Applicant: 

Fountain & Fountain, Attorneys at Law, Tarboro, North Carolina. 

For the Protestants: 

Mr. C. E. Adams, Attorney at Law, Blackstone, Virginia, for the 
Transport Corporation, Vance Trucking Company, Inc. and Forbes 
Transfer Company. 

The above case which was regularly calendared for hearing was re- 
ferred to John Hill Paylor, Examiner, under the 1949 Procedure Act. 

PAYLOR: 

On September 30, 1947, N. F. Evans and Clifton L. Oakley, d/b/a 
Evans & Oakley Transfer Service, filed an application under Section 7 of 
the 1947 Truck Act, which said application was calendared for hearing 
at 2:30 p. m. on March 23, 1950, at the Edgecombe County Courthouse, 
Tarboro, N. C. Applicant seeks a certificate under Section 7 of the 1947 
Truck Act to transport general commodities except those requiring spe- 
cial equipment over irregular routes between all points and places in the 
counties of Vance, Hertford, Edgecombe, Martin, Pitt, Lenoir, Onslow, 
Robeson, Cumberland, Bladen, Sampson, Harnett, Johnston, Wake, 
Franklin, Warren, Halifax, Northampton, Bertie, Washington, Beaufort, 
Craven, Nash, Wilson, Duplin and Carteret. 

An order was entered in Docket No. T-346, Sub 1 on January 16, 1P50, 



Decisions and Adjustments of Complaints 383 

transferring any rights, title and interest that N. F. Evans had in the 
partnership known as Evans and Oakley Transfer Service to Clifton L. 
Oakley, d/b/a Oakley Transfer Service and a stipulation was entered 
into by the applicant and the protestants to the effect that if operating 
authority was granted that unmanufactured tobacco and accessories 
would be excluded therefrom. 

Mrs. Clifton L. Oakley testified that the application and exhibits at- 
tached thereto were prepared under her instructions and from the re- 
cords made of the 1946 operations. Applications, with exhibits attached 
thereto, temporary authority dated November 1, 1948, with exhibit at- 
tached, exceptions filed on December 16, 1948, and revised temporary 
authority dated February 18, 1949, with exhibit attached were offered in 
evidence supporting grandfather application. The protestants withdrew 
after entering upon the record the stipulation agreed upon. Applicant 
waived the filing of proposed findings of fact and conclusions of law 
and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during .:he ^ear 
1946, was so operating on January 1, 1947, and has continued to so C'perate 
since that time. 

(3) That the operations shown by the r-eport of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent snd 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Ehibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the fiindings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of record 
in this cause and a formal certificate issued to the applicant in accord- 
ance with said findings and order. 

Issued by Order of the Commission. 
This 17th day of April, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



384 



N. C. Utilities Commission 



DOCKETS NOS. T-346, 



T-346, Sub 1 Clifton L. Oakley, d/b/a 
Oakley Transfer Service 
Box 117 
Tarboro, N. C. 



EXHIBIT B 



General commodities except those requiring 
special equipment and except unmanufactured 
tobacco and accessories over irregular routes 
between all points and places in the counties 
of Vance, Hertford, Edgecombe, Martin, Pitt, 
Hyde, Lenoir, Onslow, Robeson, Cumberland, 
Bladen, Sampson, Harnett, Johnston, Wake, 
Franklin, Warren, Halifax, Northampton, Ber- 
tie, Washington, Beaufort, Craven, Nash, Wil- 
son, Duplin and Carteret. 



DOCKET NO. T-159 

APPLICATION OF: G. E. Odell, t/a 

Odell Truck Lines 
Spray, North Carolina 



HEARD IN: 

BEFORE: 

APPEARANCES: 



Greensboro, North Carolina, on January 11, 1950. 
Commissioner R. G. Johnson 



For the Applicant: 

H. L. Fagge, Attorney at Law, Leaksville, N. C. 

For the Protestants: 

J. C. Weaver, Richmond, Virginia, representing The Transport Cor- 
poration and J. Ruffin Bailey, Attorney at Law, Bailey and 
Holding, Raleigh, N. C, representing Fredrickson Motor Express 
Corporation. 

JOHNSON, COMMISSIONER. This is an application which was orig- 
inally filed September 23, 1947 under Section 8 of the North Carolina 
Truck Act and after further handling with the applicant additional re- 
cords were furnished. Said records revealed that the nature of the appli- 
cant's operation was that of an irregular common carrier instead of a 
contract carrier. Applicant was so advised and exhibits were furnished 
as required by Section 7 of the Act in support of a common carrier ap- 
plication seeking authority to transport general commodities between 
points and places within a radius of 175 miles of Spray. The exhibit.s 
included a report of actual operations for the months of October and No- 
vember, 1946. Upon an analysis of said report, the Commission issued a 
temporary authority to said applicant authorizing operations as an ir- 
regular route common carrier in the transportation of general commod- 
ities except those requiring special equipment between all points and 



Decisions and Adjustments of Complaints 385 

places within a 75 mile radius of Spray and between Leaksville, Spray 
and Draper on one hand and Charlotte on the other. Also bagging from 
Leaksville, Spray and Draper to Henderson, said temporary authority be- 
ing issued the 26th day of October, 1948. Thereafter the applicant filed 
exceptions in the form of a protest which were not supported as required 
by the Commission's regulations. Said exceptions were denied by the 
Commission's order dated January 6, 1949. 

Protests were filed September 12, 1949 by The Transport Corporation 
and Fredrickson Motor Express Corporation. 

Upon the call of this case for hearing, the applicant offered and there 
was received in evidence the application together with exhibits thereto 
attached and the temporary authority issued October 26, 1948. The ap- 
plicant testified that he had been in the transF>ortation business since 
1934 as a common carrier and contract carrier. 

Fredrickson Motor Express Corporation moved that this application 
be dismissed in that it was filed after the effective date of the Act and 
that it was filed under Section 8 of the Act as a contract carrier. This 
was denied. 

The applicant asked that the temporary authority be allowed to be- 
come a permanent certificate as it now stands with the exception of leaf 
tobacco. 

Upon consideration of the application, the exhibits attached thereto 
and oral testimony offered in support thereof, the Hearing Commissioner 
finds: 

1. That said application was filed under the provisions of Section 7 of 
the North Carolina Truck Act within the time required by said section 
and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common carrier 
of property by motor vehicle in intrastate commerce during the year, 
1946, was so operating on January 1, 1947, and has continued to operate 
since that time. 

3. That the operations shown by the report of said applicant as re- 
quired by Section 7 (b) of said Act were reasonably frequent and con- 
tinuous throughout the period covered by said report; and that said se- 
port shows commodities transported and territory served in the trans - 
protation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That the applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particulary set out in Exhibit B hereto attached and made a part her jf. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, applicant's attorney and protestants' attorney and that a 

formal certificate be issued to the applicant in accordance with the find- 
ings and order herein. 



386 



N. C. Utilities Commission 



Issued by Order of the Commission. 



This the 29th day of March, 1950. 



(SEAL) 



Myrtha Fleming, Chief Clerk 



DOCKET NO. T-159 G. E. Odell, t/a Odell Truck Lines 
Irregular Route Common Carrier 
Spray, N. C. 



EXHIBIT B 



Transportation of general commodities except 
those requiring special equipment and leaf to- 
bacco over irregular routes between all points and 
places within a radius of 75 miles of Spray. 
Between Leaksville, Spray and Draper on one 
hand and Charlotte on the other. 
Transportation of bagging over irregular routes 
from Leaksville, Spray and Draper to Henderson. 



APPLICATION OF: 

HEARD IN: 

BEFORE: 

APPEARANCES: 



DOCKET NO. T-208 

Overnite Transportation Company, Richmond, 
Virginia 

Raleigh, North Carolina, on June 27, 1949. 

R. G. Johnson, Commissioner 



For the Applicant: 

William T. Hatch, Attorney at Law, Raleigh, N. C. 

For the Protestants: 

I. M. Bailey, Attorney at Law, Raleigh, N. C, for Frediickson 
Motor Express, Helms Motor Express and Miller Motor Express. 

JOHNSON, COMMISSIONER. The above application for a certificate 
to operate as a common carrier of property by motor vehicle over regular 
and irregular routes under the provisions of Section 7 of the North 
Carolina Truck Act, was filed with the Commission on the 25th day of 
September, 1947. 

The application came on for hearing on the 27th day of Jiuie, 1949, 
in Raleigh, North Carolina, at which time the applicant appeared and 
offered the application in evidence, along with the Exhibits attached 
thereto. Also offered in evidence was the Temporary Authority which 
was issued by the Commission and the Revised Temporary Authority 
issued by the Commission. J. H. Cochrane testified that he operated as 
Overnite Transportation during the year 1946 and was operatmg on Jan- 
uary 1, 1947; and that he and the Overnite Transportation Company have 
continuously operated since January 1, 1947. The applicant further test- 
ified that said Temporary Authority, together with the Revised Tempo- 
rary Authority issued by the Commission, fairly represented the nature 



Decisions and Adjustments of Complaints 387 

and scope of his operation during the year 1946, and subsequent to that 
time. 

The assets of J. H. Cochrane, d/b/a Overnite Transportation, were 
transferred to Overnite Transportation Company, and approved by this 
Commission, on the 23rd day of September, 1947, and Overnite Transpor- 
tation Company was substituted as the applicant in this docket. 

Exhibits attached to the application show the transportation of gen- 
eral commodities either over regular routes or irregular routes generally 
throughout Southeastern North Carolina and Central North Carolina East 
of Shelby. It appears from examination of the application and from the 
testimony offered by the applicant that the operation was regular and 
continuous as an irregular route operation between points and places set 
out in Exhibit B attached hereto. The Commission further tinds from 
the application and from the testimony offerd by applicant that the 
applicant was in regular and continuous operation over the regular 
routes and between points and places set out in Exhibit A attached 
hereto; and the Commission makes the following specific findings: 

1. That the applicant or its predecessor filed with the Commiission 
this application which was filed under the provisions of Section 7 of 
the North Carolina Truck Act within the time required by said Act and 
in compliance with the provisions thereof. 

2. That the said applicant was in bona fide operation as a common 
carrier of property by motor vehicle over irregular routes and regular 
routes in intrastate commerce during the year 1946 and was so operating 
on the 1st day of January, 1947, and has continued to operate since that 
time. 

3. That report of said applicant's operations as required by Section 
7 (b) of the said Act shows that said operations were reasonably fre- 
quent and continuous throughout the period covered by said report and 
that the said reports show the commodities transported and territoiy 
served as particularly set out in the Exhibit attached. 

IT IS, THEREFORE, ORDERED: 

(a) That the application be, and it is hereby, granted; that the appli- 
cant is hereby authorized to operate as a common carrier of property by 
motor vehicle over irregular routes in intrastate commerce as particu- 
larly set out in Exhibit B attached hereto and made a part hereof. 

(b) That applicant be, and it is hereby, authorized to operate as a 
common carrier of property by motor vehicle over regular routes in m- 
trastate commerce as particularly set out in Exhibit A hereto attached 
and made a part hereof. 

(c) That a copy of the findings and order herein be mailed to (he 
applicant and a copy thereof mailed to counsel for protestants, and ihat 
a formal certificate in accordance with the provisions of the law and the 
order herein be issued and mailed to said applicant. 



388 



N. C. Utilities Commission 



Issued by Order of the Commission. 
This 28th day of July, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

EXHIBIT A 

C-6-Teinporary 

DOCKET T-208. Overnite Transportation Company, Richmond, Virginia 

COMMODITY DESCRIPTION 

General Commodities, except those requiring special equipment. 

TERRITORY DESCRIPTION 

Regular Routes 
Route 1. From Shelby, N. C. to Norlina, N. C. viz: From Shelby over 
U. S. Highway 74 to Kings Mountain; thence over U. S. High- 
way 29 and 29 A to Greensboro; thence over U. S. Highway 70 
to Durham; thence over U. S. Highway 15 to Oxford; thence 
over U. S. Highway 158 to Henderson; thence over U. S. High- 
way 1 to Norlina and return serving all intermediate points. 
Burlington to Jet. U. S. Highway 70 and N. C. Hy. 100 via 
N. C. 100 and return serving all intermediate points. From 
Burlington to Swepsonville via N. C. Highway 87 to its Junc- 
tion with unnumbered highway. 

Route 2. Greensboro to Pelham over U. S. Highway 29, and return serv- 
ing all intermediate points. 

Route 3. Winston-Salem to Reidsville over U. S. Highway 29, and re- 
turn serving all intermediate points. 

Route 4. Fayetteville to Wilmington, viz: From Fayetteville over N. C. 
Highway 87 to the junction of U. S. 74 and 76; thence over 
U. S. 74 and 76 to Wilmington and return serving all inter- 
mediate points. 

Route 5. Raleigh to Clinton, viz: From Raleigh over U. S. Highway 15A 
to the Junction of U. S. Highway 421; thence over Highway 421 
to Clinton and return, serving all intermediate points. 

Route 6. From Durham to Lillington, viz: From Durham over U. S. 
Highway 15 to Sanford; thence over U. S. Highway 421 to 
Lillington and return serving all intermediate points. Carr- 
boro from U. S. 15 over N. C. Highway 54. 

Route 7. From Lillington to Fayetteville over U. S. Highway 15A and 
return serving all intermediate points. 

Route 8. From Durham to Purley, viz: From Durham over U. S. 501 
to Roxboro; thence over U. S. Highway 158 to junction with 
U. S. Highway 86 via Yanceyville; thence over N. C. Highway 
No. 86 to Purley and return serving all intermediate points. 



Decisions and Adjustments of Complaints 389 

EXHIBIT B 

N. C. C-6-Temporary 
Revised-October 14, 1948 

DOCKET T-208. Overnite Ti-anspotration Company, 712 Hull Street, 
Richmond, Virginia. 

COMMODITY DESCRIPTION 

General Commodities except those requiring special 
equipment. 

TERRITORY DESCRIPTION 

Irregular Routes 
From Wilmington to Goldsboro, Kinston and New 

Bern. 
From Winston-Salem to Wadesboro. 
From Winston-Salem and Mt. Airy to Albemarle. 

EXCEPTION: Irregular Route operations are not authorized which 

would duplicate regular route operations. 



DOCKET NO. T-634, SUB. 1 
ORDER 

APPLICATION OF: Ira H. Page 

2200 Angier Avenue 
Durham, North Carolina 

HEARD IN: Raleigh, North Carolina, on September 27, 1949 

BEFORE: Joshua S. James, Commissioner 

APPEARANCES: 

For the Applicant: 

Oscar G. Barker, Attorney at Law, Durham, North Carolina 

No Protestants. 

JAMES, COMMISSIONER: 

Under the provisions of Section 11 of the North Carolina Truck Act, 
the applicant herein filed an application on June 17, 1949, seeking author- 
ity to operate throughout the State of North Carolina as a contract 
carrier in the transportation of asphalt in bulk, the said commodity not 
being specifically defined in any of the Commodity Groups from 1 to 21 
under Rule 10 of the Commission's Rules and Regulations and being, 
therefore, included in Group 22 of said Rule 10 designated as "other spe- 
cific commodities." 

At the hearing held at the above designated time and place the appli- 
cation, with exhibits attached thereto, was offered and received in evi- 
dence. The only other evidence was the oral testimony of the applicant 
who testified that he was the owner of two tractor and trailer transporta- 



390 N. C. Utilities Commission 

tion units originally designed and used for the transportation of petrol- 
eum products but that the capacity of said tanks was too limited to be 
used advantageously in the transportation of petroleum products, and 
that he, therefore, desired to use them for the transportation of asphalt 
in bulk, for which purpose they were well adapted after certain modifica- 
tions had been made. The applicant further testified that the McGuire 
Construction Company of Durham desired to use his services as a con- 
tract carrier of asphalt and was ready and willing to enter into a 
contract with him for said services upon his obtaining the necessary 
authority from this Commission to operate as a contract carrier. 

Upon consideration of all the evidence the Hearing Commissioner is 
of the opinion and so finds as facts: (1) That the proposed operation 
conforms with the definition of a contract carrier under the Truck Act; 
(2) That the proposed operations will not unreasonably injure or impair 
service to the public by common carrier; and (3) That the applicant has 
the equipment necessary to perform the specified service he proposes and 
is otherwise qualified and able to perform thas service. 

IT IS, THEREFORE, ORDERED: 

1. That the applicant be and he is hereby granted authority to oper- 
ate as a contract carrier in intrastate commerce within the boundaries 
of the State of North Carolina in the transportation of asphalt in bulk 
subject, however to the following conditions: 

(a) That within 60 days from date hereof the applicant shall file 
With the Commission one or more individual written contracts with a 
shipper or shippers to be served and that the for-hire operations herein 
authorized shall be listed to individual contracts with each shipper 
served, true copies of which shall be filed with and approved by the Com- 
mission before operations thereunder shall commence. 

(b) That the applicant shall file with the Commission a full and 
complete description of all motor vehicles to be used in the proposed 
operations and shall provide insurance in the amount and form required 
by the Commission covering such equipment before beginning operation". 

(c) That the applicant shall fully comply with all the provisions of 
the said North Carolina Truck Act applicable to contract carriers and 
with the rules and regulations of the Commission applicable to such 
carriers, including the publication and filing of minimum rates and 
charges as required by Section 26 of the said Act. 

2. That this order shall be and constitute a permit to carry on the 
proposed contract carrier operation until such time as the Commission 
shall see fit to prepare and issue a formal permit. 

Issued by Order of the Commission. 

This 4th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

Myrtha Fleming, Chipf Clerk 



Decisions and Adjustments of Complaints 391 

DOCKET NO. T-191 •! 

FINAL ORDER 

APPLICATION OF: Grover Pait, d/b/a 
Pait's Transfer 
Bladenboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on June 1, 1949. 

BEFORE: Stanley Winborne, Chairman, Fred C. Hunter 

and Edward H. McMahan, Commissioners 

APPEARANCES: 

For the Applicant: 

Arch T. Allen, Attorney at Law, Raleigh, N. C. 

For the Protestants: 

I. M. Bailey, Attorney at Law, Raleigh, N. C, for Fredrickson 
Motor Express Corporation, Helms Motor Express and Miller 
Motor Express 

Upon the call of this case for hearing, the applicant offered in evi- 
dence the original application filed in this case under Section 7 of the 
Truck Act and also offered in evidence the temporary authority granted 
to said applicant by the Commission. It was represented to the Com- 
mission that the applicant was satisfied with the temporary authority 
issued, and that the same fairly represented the nature and scope of his 
operations, and that, as authorized by said temporary authority, the 
applicant proposed to limit his future operations to truck loads. Upon 
this representation, protestants withdrew the protests filed in this case. 
No further testimony was offered. 

Upon consideration of the application and exhibits thereto attached, 
the Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particulary set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 



392 N. C. Utilities Commission 

applicant, a copy thereof to the applicant's attorney and a copy thereof 
to the attorney appearing for the protestants, and that a certificate be 
issued to said applicant in accordance with the findings and order herein. 
Issued by Order of the Commission. 

This 6th day of June, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Comm,issioner 
R. G. Johnson, Commissiomr 
Edward H. McMahan, Commissioner 
ATTEST; 

Myrtha Fleming, Chiej Clerk 

DOCKET NO. T-191 Grover Pait, d/b/a Pait's Transfer, 
irregular route common carrier, 
Bladenboro, North Carolina 

EXHIBIT B General commodities except those requiring spe- 

cial equipment over irregular routes between 
points and places in the counties of Catawba, Ire- 
dell, Stanly, Guilford, Scotland, Hoke, Harnett, 
Wake, Robeson, Cumberland, Bladen, Columbus, 
New Hanover, Pender, Carteret, Lenoir, Greene, 
Wayne, Wilson, Martin, Bertie, Chowan and 
Washington. 

LIMITATION: Truck loads. 

DOCKET NO. T-254 

APPLICATION OF: A. B. Parker, Raleigh, North Carolina 

HEARD IN: Raleigh, North Carolina, on January 4, 1950 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

Arch T. Allen, Attorney at Law, Raleigh, North Carolina 

For the Protestants: 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
North Carolina, for Fredrickson Motor Express, Mrs. Mabel D. 
Burton, d/b/a Helms Motor Express, and Miller Motor Express 
Copeland E. Adams, Attorney at Law, Blackstone, Virginia, for 
The Transport Corporation, Vance Trucking Company, Inc., and 
Forbes Transfer Company 

HUNTER, COMMISSIONER. This is an application wherein the 
above-named applicant seeks a certificate under the provisions of Section 
7 of the North Carolina Truck Act for authority to transport general 
commodities over irregular routes within the entire area of North Caro- 
lina. Said application was received by the Commission on September 
27, 1947. As shown by the records of the Commission, it did not contain 
at that time a report of said carrier's operations for any part of the year 



Decisions and Adjustments of Complaints 



393 



1946. Said applicant was advised by the Commission on October 4, 1947, 
that a report of operations for one or more calendar months of 1946 
was required by said Section of the Truck Act, and requested that such 
a report be filed. Thereafter the applicant filed a report of operations 
for the month of July, 1946, on which temporary authority was issued on 
September 13, 1948, as authorized and required by Section 10 of said 
Act. Thereafter said applicant filed exceptions to said temporary au- 
thority within the time and as provided by the Commission's General 
Order in Docket No. 4066-B. Attached to said exceptions was a report 
of certain other shipments transported by the applicant during the year 
1946; and upon consideration of the same, the Commission reissued said 
authority on January 15, 1949, which revised temporary authority au- 
thorized said applicant to transport (1) asphalt from Raleigh to Kinston 
and New Bern, (2) trailers from Camp Lejeune to Raleigh, (3) con- 
crete pipe from Raleigh to points and places in some twenty counties, 
from Alamance on the west to Carteret on the east, (4) unmanufactured 
tobacco between points and places in the counties of Granville, Edge- 
combe, Wilson, Moore, and Columbus, and (5) brick from Brick Haven 
to points and places in Wake and Carteret Counties. 

Upon the call of said cause for hearing, the applicant offered in evi- 
dence the original application as filed with the Commission on September 
27, 1947, together with the exhibits thereto attached, and also offered in 
evidence said temporary authority, the exceptions thereto, along with 
the report of additional operations attached to said exceptions, and 
also offered in evidence the temporary authority as revised by the Com- 
mission. By a stipulation with certain protestants, said applicant dis- 
claims the right to transport tobacco, one of the commodities shown 
to have been transported by him during the year 1946. 

The following tabulation sets out all shipments hauled by the appli- 
cant during the year 1946, as shown by his report of operations filed with 
the Commission: 



IPME 


NTS COMMODITY 


ORIGIN 


DESTINATION 
Various points east of 


8 


Concrete pipe 


Raleigh 


Elon College 




" " 


Kinston 


Havelock 




Leaf tobacco 


Tabor City 


Rocky Mount 




" 


Oxford 


Wilson 




it )> 


Aberdeen 


Oxford 




Brick 


Brick Haven 


Raleigh 




j> 


" " 


Morehead City 




Lumber 


Bladenboro 


Raleigh 




91 


Garland 


)> 




Trailers 


Camp Lejeune 


" 




Asphalt 


Raleigh 


Kinston 




" 


)) 


New Bern 


4 


Telephone poles 


»» 


Winston-Salem 


8 


Machine parts 


>» 


Kinston 


2 


Steel wire 


Kinstolf 


Raleigh 


1 


Road markers 


Raleigh 


Walstonburg 



394 N. C. Utilities Commission 

It will be observed that all shipments shown above moved either to 
or from Raleigh with the exception of five, three of which were leaf 
tobacco which the applicant disclaims the right to haul, leaving only two 
shipments that did not move either to or from Raleigh, one of these 
being a shipment of brick from Brick Haven to Morehead City and the 
other being a shipment of pipe from Kinston to Havelock. It also 
appears from an examination of said report of operations that only two 
of the shipments shown above weighed less than 17,000 pounds and no 
shipment weighed less than 6,000 pounds, from which it appears that 
said applicant's operations in 1946 were in truck loads. 

It is rather difficult to determine the nature and scope of the appli- 
cant's operations from the data filed with the Commission as required by 
Section 7 (b) of said Truck Act. It appears, however, that the applicant 
was engaged almost entirely in the transportation of building and con- 
struction materials in truck loads, and that the area served in 1946 is 
somewhat more extensive than that shown in the revised temporary 
authority hereinbefore set out, in that, the applicant should be granted 
authority to transport such commodities from Raleigh and vicinity to all 
points in the general area served, and from all points in the general 
area served to Raleigh and vicinity. 

Upon consideration of the application and all the evidence offered in 
support thereof, the Hearing Commissioner makes the following findings 
and recommended order: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a copy to the 
attorney for each protestant of record in this cause, and a formal certifi- 
cate be issued to the applicant in accordance with said findings and 
order. 



Decisions and Adjustments of Complaints 395 

Issued by Order of the Commission. 
This 6th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-254 A. B. Parker 

Irregular Route Common Carrier 
Raleigh, North Carolina 

EXHIBIT B Transportation of building and construction ma- 

terials in truck loads from points and places in 
Wake County and from Brick Haven in Chatham 
County to points and places in eastern North 
Carolina, on and east of U. S. Highway 501, and 
from said area to points and places in Wake 
County. 

DOCKET NO. T-372 

APPLICATION OF: B. S. Parker, Raleigh, North Carolina 

HEARD IN: Raleigh, North Carolina, on January 4, 1950 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

Arch T. Allan, Attorney at Law, Raleigh, North Carolina 

For the Protestants: 

J. Ruflfin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
North Carolina, for Fredrickson Motor Express, Mrs. Mabel D. 
Burton, d/b/a Helms Motor Express, and Miller Motor Express 
Copeland E. Adams, Attorney at Law, Blackstone, Virginia, for 
The Transport Corporation. 

HUNTER, COMMISSIONER. This is a so-called grandfather appli- 
cation filed with the Commission on September 30, 1947, under the 
provisions of Section 7 of the North Carolina Truck Act, wherein the 
applicant seeks a certificate authorizing the transportation of general 
commodities over irregular routes within the entire area of North Caro- 
lina. 

The applicant was granted temporary authority by the Commission 
on November 22, 1948. The applicant thereafter filed exceptions to said 
temporary authority within the time and as provided by the Com- 
mission's General Order in Docket No. 4066-B. Upon consideration 
of said exceptions, the Commission revised and reissued said tempo- 
rary authority on February 21, 1949, authorizing the transportation of 
general commodities, except those requiring special equipment, over ir- 
regular routes between all points and places within 57 counties, from 



396 N. C. Utilities Commission 

Buncombe County on the west to New Hanover, Carteret, and Pasquo- 
tank Counties on the east. 

Upon the call of said case for hearing, the applicant offered in evi- 
dence (1) the application with the exhibits thereto attached as filed 
on September 30, 1947, (2) the temporary authority issued on November 
22, 1948, (3) the exceptions filed by the applicant to said temporary 
authority, and (4) the Commission's revised temporary authority issued 
on February 21, 1949. The data described in (2), (3), and (4) were 
received in evidence over the objections of the protestants. The appli- 
cant, upon his own motion, amended said application to exclude the 
right to transport unmanufactured tobacco in hogsheads, and stated for 
the information of the Commission that he had not been engaged in the 
transportation of package freight, his operations being mostly in truck 
loads. 

The applicant filed various reports at different times, tending to show 
the nature and scope of his operations in 1946. One such report was 
filed with the application on September 30, 1947. Thereafter a further 
report was filed on September 27, 1948, and a further report filed on 
February 15, 1949. Said reports show that the various shipments covered 
therein were transported during the year 1946, but do not show the 
date nor any way bill or identification numbers, and it appears that 
some of said shipments reported may be duplicated in the various re- 
ports above referred to. Considering all shipments reported, whether 
duplicated or not, it appears that the applicant transported a total of 
one hundred shipments during the year 1946, as follows: reinforced steel, 
6 shipments; house trailers, 3; lumber, 17; steel tanks, 3; concrete pipe, 
22; brick, 3; leaf tobacco, 13; watermelons, 7; peaches, 2; prefabricated 
houses, 4; pipe, 14; doors and roofing, 2; mattresses and springs, 1; 
O.P.A. office equipment, 1; canned food, 1; and wine, 1. It further ap- 
pears from an analysis of said reports that all said shipments, with the 
exceptions of 17, either originated or terminated in Wake County, the 
exceptions being 6 shipments of house trailers from Camp Lejeune to 
Charlotte, 3 shipments of brick from Brick Haven, one of which was 
delivered at Greensboro, one in Morehead City, and one in Elizabeth 
City, 5 shipments of leaf tobacco, the transportation of which has been 
limited by a stipulation of the applicant, 2 shipments of pipe from Kin- 
ston to Charlotte, 1 shipment of wine from Sanford to Asheville. It 
further appears from an examination of said reports that none of said 
shipments weighed less than 3,000 pounds and only one or two shipments 
weighed less than 8,000 pounds. It further appears from the examination 
of said reports that said shipments were delivered at points as far west 
as Asheville and as far east as Wilmington, Morehead City, and Elizabeth 
City. 

Upon consideration of the operation shown to have been performed 
in 1946, it does not appear that the applicant was engaged during said 
year in the transportation of general commodities. Neither does it ap- 
pear that said applicant was transporting commodities of any kind be- 
tween all points and places in the fifty-seven counties included in said 
applicant's revised temporary authority. On the contrary, it appears that 



Decisions and Adjustments of Complaints 397 

said applicant's operations were limited chiefly to the transportation of 
building and construction materials and farm produce in truck loads, 
and that the movement of such commodities either originated or termi- 
nated in or near Wake County, and the Hearing Commissioner is of the 
opinion and finds that said applicant's operating rights must be so 
limited. 

After a careful examination of all the testimony in this case, the 
Hearing Commissioner makes the following specific findings and recom- 
mended order: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

3. That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and copy to the at- 
torney for each protestant of record in this cause, and a formal certificate 
be issued to the applicant in accordance with said findings and order. 

Issued by Order of the Commission. 

This 28th day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-372 B. S. Parker, 

Irregular Route Common Carrier 
Raleigh, North Carolina 

EXHIBIT B The transportation of building and construction 

materials and farm produce, not including leaf 
tobacco in hogsheads, over irregular routes in 
truck load lots: 

(1) Between points and places in Wake 
County. 



398 N. C. Utilities Commission 

(2) From points and places in Wake County 
and from Brick Haven in Chatham County 
to points and places in North Carolina on 
and east of U. S. Highway No. 25. 

(3) From points and places on and east of 
U. S. Highway No. 25 to points and places 
in Wake County. 

DOCKET NO. T-50 

APPLICATION OF: Charles Parks and Fentress A. Parks, d/b/a 
Charles Parks Transfer Company 
Greensboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on November 18, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Box 127, Greenboro, North 
Carolina 

For the Protestants: 

J. Ruffin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
North Carolina, for Fredrickson Motor Express, Mrs. Mabel D. 
Burton, d/b/a Helms Motor Express and Miller Motor Express 

HUNTER, COMMISSIONER. This is a so-called grandfather appli- 
cation for a certificate to transport general commodities, unmanufactured 
tobacco and accessories excepted, over irregular routes from points and 
places within a radius of fifteen (15) miles of Greensboro to all points 
and places in North Carolina, on and east of U. S. Highway 21, and 
from said destination territory back to points and places within a radius 
of fifteen (15) miles of Greensboro. Said application was filed under 
the provisions of Section 7 of the North Carolina Truck Act and was re- 
ceived by the Commission on August 29, 1947. There is attached to said 
petition and made a part thereof a report of the operations of the appli- 
cants, covering September, October and November of 1946, which report 
of operations sets out approximately fifteen hundred shipments handled 
by the applicants during said three months' period. All of said ship- 
ments appear from said report to have originated in Greensboro, and 
were delivered to various points in the State from points as far west 
as Forsyth, Rowan, Cabarrus and Union Counties and as far east as 
Martin, Pitt, Craven and Jones Counties. 

Upon the call of said application for hearing, the applicants identified 
and offered in evidence the original application, including the report of 
operations above-referred to, which were received in evidence without 
objections on the part of the protestants. Said operations further offered 
in evidence the temporary authority issued by the Commission on 
October 4, 1948, exceptions filed by the applicants to said temporary au- 



Decisions and Adjustments of Complaints 399 

thority, which said exceptions were received by the Commission on De- 
cember 8, 1948, and the revised temporary authority issued by the Com- 
mission on January 4, 1949, all of which were objected to by the protes- 
tants, which objection was overruled and protestants excepted. The ex- 
ceptions to the temporary authority filed with the Commission on De- 
cember 8, 1948, were prepared and filed in compliance with the Com- 
mission's General Order in Docket No. 4066-B. 

In addition to the documentary evidence referred to above, the appli- 
cants offered oral testimony to the effect that said applicants had been 
engaged in the transportation of property by motor vehicle continuously 
since the year 1940, and were still so operating at the time of said hear- 
ing. 

Upon a careful study of the report of operations for September, Octo- 
ber and November, 1946, the Hearing Commissioner is of the opinion 
and finds that the operations of the applicants were limited to shipments 
which originated in Greensboro and delivered in counties named in said 
revised temporary authority issued by the Commission under date of 
January 4, 1949, and the Hearing Commissioner further finds that said re- 
vised temporary authority, as set out in Exhibit B hereto attached, fairly 
represents the nature and scope of the operations of said applicants as 
of January 1, 1947. 

Protestants offered no testimony. 

Upon consideration of the application and the oral testimony offered 
at the hearing, the Hearing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provision thereof. 

2. That said applicants were in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, were so operating on January 1, 1947, and have continued 
to so operate since that time. 

3. That the operations shown by the report of said applicants, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transporta- 
tion of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicants be, and are hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicants, a copy to the attorney for the applicants, and a copy to coun- 
sel for protestants, and a formal certificate be issued to the applicants 
in accordance with said findings and order. 



400 



N. C. Utilities Commission 



Issued by Order of the Commission. 
This the 9th day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-50 Charles Parks and Fentress A. Parks, d/b/a 
Charles Parks Transfer Company 
Irregular Route Common Carrier 
Greensboro, North Carolina 



EXHIBIT B 



The transportation of general commodities, except 
those requiring special equipment and except 
unmanufactured tobacco and accessories, over ir- 
regular routes from Greensboro to points and 
places in the counties of Forsyth, Rowan, Cabar- 
rus, Union, Anson, Stanly, Guilford, Richmond, 
Scotland, Alamance, Orange, Durham, Lee, Har- 
nett, Hoke, Robeson, Cumberland, Bladen, Wake, 
Granville, Vance, Franklin, Johnston, Sampson, 
Duplin, Wayne, Wilson, Nash, Edgecombe, Pitt, 
Greene, Lenoir, Jones, Craven, Warren, Moore, 
Halifax and Martin. 



APPLICATION OF: 

HEARD IN: 
BEFORE: 

APPEARANCES: 



DOCKET NO. T-151 

ORDER 

B. B. Parmenter & C. C. Parmenter, 
d/b/a Parmenter Transport Company, Wilming- 
ton, N. C. 

Raleigh, North Carolina, on May 19, 1949 

Fred C. Hunter, Joshua S. James and Edward 
H. McMahan, Commissioners 



For the Applicant: 

James E. Wilson, Transportation Building, Washington, D. C. 

For the Protestants: 

Vaughn S. Winborne, Attorney at Law, Raleigh, N. C. for Reliable 
Transport, Inc., Southern Oil Transportation Company, Terminal 
City Oil Company, Star Oil Company, Eastern Oil Transport, and 
Hinson Transport Company. 

The applicant herein seeks authority under Section 7 of the North 
Carolina Truck Act to transport petroleum products in bulk in tank 
trucks from existing originating terminals to points and places through- 
out the State. Upon an analysis of the operations shown in the appli- 
cation, the Commission, according to its practice in such cases, issued 



Decisions and Adjustments of Complaints 401 

to said applicant temporary authority as required by Section 10 of said 
Act. Thereupon the applicant in due time filed exceptions with the 
Commission to the restricted territory set out in said temporary authority 
and demanded hearing before the Commission, upon the contention that 
its operations as shown by the application, covered a very wide area of 
the State and that said operations were of such a highly specialized 
character as to justify and require state-wide operating authority. In 
support of this contention the applicant offered its application in evi- 
dence along with the exhibits thereto attached and made a part thereof, 
and also offered oral testimony as to the character and scope of its opera- 
tion in 1946, and subsequent to that time. It appears from the application 
offered in evidence and from the oral testimony offered at the hearing 
that said applicant has consistently operated over the greater part of 
the eastern section of the State and into some of the Piedmont and central 
counties in the State in the transportation of petroleum products, and 
that the application and the oral testimony well justify authority to op- 
erate over the eastern and Piedmont sections of the State, meaning over 
all the territory extending from Ashe, Watauga, Caldwell, Burke and 
Cleveland counties eastward and including all other counties east of said 
counties above set forth in the State of North Carolina. 

The protestants offered no testimony, but at the close of the evidence 
for applicant moved that the application be dismissed, which motion was 
overruled and protestants excepted. 

Upon consideration of the application and the testimony offered, the 
Commission finds: 

(1) That said application was filed under the provisions of Section 
7 of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said application be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 



402 



N. C. Utilities Commission 



certificate be issued to said applicant in accordance with the fiindings and 
order herein. 

Issued by Order of the Commission. 



This the 27th day of July, 1949. 



Myrtha Fleming, Chief Clerk 



(SEAL) 



DOCKET NO. T-151 B. B. Parmenter & C. C. Parmenter, 
d/b/a Parmenter Transport Company, 
Wilmington, N. C. 



EXHIBIT B 



Petroleum products in bulk, in tank trucks, over 
irregular routes from existing originating termi- 
nals at or near Wilmington, Morehead City, River 
Terminal, Thrift, Friendship, and Salisbury to 
points and places over the eastern and Piedmont 
sections of the State, meaning over all the terri- 
tory extending from Ashe, Watauga, Caldwell, 
Burke and Cleveland counties eastward and in- 
cluding all other counties east of said counties 
above set forth in the State of North Carolina, and 
listed below as follows: 



Alleghany 

Wilkes 

Alexander 

Catawba 

Lincoln 

Gaston 

Surry 

Yadkin 

Iredell 

Mecklenburg 

Stokes 

Forsyth 

Davidson 

Davie 

Rowan 

Cabarrus 

Union 

Stanly 

Rockingham 

Guilford 

Randolph 

Montgomery 

Anson 

Richmond 

Perquimans 

Tyrrell 



Caswell 


Nash 


Alamance 


Edgecombe 


Chatham 


Wilson 


Moore 


Pitt 


Lee 


Wayne 


Hoke 


Greene 


Scotland 


Lenoir 


Robeson 


Duplin 


Person 


Jones 


Orange 


Onslow 


Durham 


Pender 


Granville 


New Hanover 


Wake 


Brunswick 


Harnett 


Hertford 


Cumberland 


Bertie 


Vance 


Martin 


Warren 


Beaufort 


Franklin 


Pamlico 


Johnston 


Craven 


Sampson 


Carteret 


Bladen 


Gates 


Columbus 


Currituck 


Northampton 


Camden 


Halifax 


Pasquotank 


Chowan 


Washington 


Dare 


Hyde 



Decisions and Adjustments of Complaints 403 

DOCKET NO. T-193 

APPLICATION OF: Richard Norwood Pate and Reedie Claxton 
Pate, d/b/a Pate Transfer, Clinton, N. C. 

HEARD IN: Raleigh, North Carolina, on November 18, 1949. 

BEFORE: Commissioner Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

Howard H. Hubbard, Attorney at Law, Clinton, N. C. 

For the Protestants: 

J. Ruffin Bailey, Attorney at Law, Raleigh, N. C, representing 
Fredrickson Motor Express, Helms Motor Express and Miller 
Motor Express. 

HUNTER, COMMISSIONER. The application herein was filed with 
the Commission on September 24, 1947, under the provisions of Section 
7 of the North Carolina Truck Act. The original application was filed 
by and in the name of John Reedie Pate and was thereafter transferred 
to the above named applicants upon a petition filed with and approved 
by the Commission. The Commission issued temporary authority to 
the applicants on September 25, 1948, to which said applicants filed ex- 
ceptions, and upon consideration of said exceptions said temporary au- 
thority was revised and reissued under date of February 9, 1949, all 
of which was in accordance with the Commission's rules of practice 
as particularly set out in the Commission's General Order in Docket 
No. 4066-B. 

At the call of this cause for hearing the applicants offered in evidence 
the original application filed in this cause together with the exhibits 
thereto attached and made a part thereof and also offered in evidence the 
temporary authority as referred to above, the exceptions to said tempo- 
rary authority and the revised temporary authority. Oral testimony 
was also offered by the applicants to the effect that said applicants 
and their predecessor in interest had been engaged in the transporta- 
tion business continuously since about the year 1928; that said operation 
was continued through the year 1946 and continuously since that time; 
that said applicants and their predecessor in interest continued through 
the years to hold themselves out to transport commodities of all kinds 
to and from points throughout the State of North Carolina and particu- 
larly in the Clinton Area of the State and to and from said Area. A 
careful analysis of the report of actual operations in 1946 fully justify 
the tentative operating rights as set out in said revised temporary au- 
thority, but in the opinion of the Hearing Commissioner do not warrant 
rights greater in scope and character than that set out in said revised 
temporary authority. 

The protestants offered no testimony, but objected to exhibits offered 
purporting to show operations greater or different from that shown by the 
original application filed on September 24, 1947. 



404 N. C. Utilities Commission 

Upon consideration of the application, the exhibits attached thereto 
and oral testimony offered in support thereof, the Hearing Commissioner 
is of the opinion and finds. 

1. That said application was filed under provisions of Section 7 of the 
North Carolina Truck Act within the time required by said section and 
in compliance with the provisions thereof. 

2. That said application was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

3. That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and con- 
tinuous throughout the period covered by said report; and that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That the applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, applicant's attorney and protestant's attorney and that a formal 
certificate be issued to the applicant in accordance with the findings and 
order herein. 

Issued by Order of the Commission. 

This the 8th day of December, 1949. 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-193 Richard Norwood Pate and Reedie Claxton Pate, 
d/b/a Pate Transfer, 
Irregular Route Common Carrier, 
Clinton, North Carolina 

EXHIBIT B Transportation of general commodities except 

those requiring special equipment between points 
and places in the Counties of Iredell, Davidson, 
Guilford, Randolph, Moore, Lee, Harnett, Wayne, 
Sampson, New Hanover, Catawba, Lincoln, Gas- 
ton, Mecklenburg, Forsyth, Surry, Rockingham, 
Anson, Hoke, Robeson, Cumberland, Bladen, 
Columbus, Brunswick, Durham, Wake, Johnston, 
Duplin, Lenoir, Wilson, Nash, Edgecombe, 
Martin and Beaufort. 



Decisions and Adjustments of Complaints 405 

DOCKET NO. T-373 

BEFORE THE NORTH CAROLINA UTILITIES COMMISSION 

In the Matter of 

Operating Rights of Paul J. Dunn, d/b/a 

Paul's Transfer, Kinston, North Carolina 

ORDER 

HEARD IN: Raleigh, North Carolina, on February 6, 1950 

BEFORE: Commissioner Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

Jesse A. Jones, Attorney at Law, Kinston, North Carolina, For 
Applicant, Paul J. Dunn 

HUNTER, COMMISSIONER. This is a proceeding in which Paul 
J. Dunn, d/b/a Paul's Transfer, of Kinston, North Carolina, was directed 
to show cause why his temporary authority to operate as a common 
carrier of property by motor vehicle should not be cancelled, (1) for fail- 
ure to limit his operations to the territory described in said temporary 
authority, and, (2) for failure to comply with the rates and charges set 
out in his published tariff. Said temporary authority authorizes opera- 
tions as follows: 

1. Transportation of fertilizer from Kinston to all points and 
places within the counties of Lenoir, Duplin, Jones, Onslow, 
and Wayne. 

2. Transportation of clay and concrete products from Kinston 
to all points and places in the counties of Duplin, Sampson, 
Carteret, Jones, Lenoir, Pitt, Wayne, Onslow, Craven, and 
Wilson. 

3. Transportation of general commodities, except those re- 
quiring special equipment, from Wilmington to points and 
places within a radius of 50 miles of Kinston. 

Upon the call of this cause for hearing, counsel for Mr. Dunn stated 
that he, Mr. Dunn, had not limited his operations to the tei-ritory de- 
scribed in his temporary authority, and had not complied with his pub- 
lished tariff, but that such failure was without any intention to violate 
the laws of the State of North Carolina, the regulations of the Commis- 
sion, or the provisions in said temporary authority, but, on the contrary, 
through a want of understanding as to the nature and scope of his 
authorized operations and the tariff applying to the commodities trans- 
ported. 

Mr. Dunn substantiated the statement made by his counsel, and freely 
admitted under oath that he had not limited his operations in the trans- 
portation of general commodities to the points and places within a 
radius of 50 miles of Kinston, for the reason that he had been erron- 



406 N. C. Utilities Commission 

eously advised and believed that said radius of 50 miles did not apply 
to truckload shipments. He testified that many shipments of com- 
modities other than those set out in paragraphs one and two of his 
temporary authority were moved by him to and from points outside of 
said area described in paragraph three of his temporary authority. He 
testified that the principal item hauled from points outside of said area 
was a large quantity of tobacco in hogshead from Charlotte to Kinston. 
He further testified that said tobacco was hauled from Charlotte to 
Kinston for L. B. Jenkins Tobacco Company, of Kinston, and that one 
Forest Orr, an agent of said tobacco company, advised him that $4.00 per 
hogshead was the proper charge for said service. 

As to this movement of tobacco, it appears that Mr. Dunn hauled 
383 hogshead of tobacco from Charlotte to Kinston, for L. B. Jenkins 
Tobacco Company during September and October, 1949, at $4.00 per 
hogshead, the weight of which averaged something above 1,000 pounds 
per hogshead. It further appears that Mr. Dunn is a party to a well- 
known tobacco tariff in which the rate for transportation of tobacco in 
hogshead, from Charlotte to Kinston, is fifty-three cents per 100 pounds. 
The amount paid Mr. Dunn by L. B. Jenkins Tobacco Company for the 
transportation of said lot of tobacco at $4.00 per hogshead amounted 
to $1532.00, and the only authorized and lawful rate of fifty-three cents 
per 100 pounds would have amounted to $2,029.90 at 1000 pounds per 
hogshead. It is clear from the testimony that L. B. Jenkins Tobacco 
Company paid, and Mr. Dunn accepted, approximately $500.00 less than 
the lawful rate, depending upon the exact weight of the tobacco moved, 
the rate being fifty-three cents per 100 pounds, no more and no less. 
The following provisions of the Statutes of North Carolina apply to this 
case and all similar cases: 

"G. S. 62-121.29 (4). That no common carrier by motor vehicle shall 
charge or demand or collect or receive a greater or less or different 
compensation for the transportation of property in intrastate commerce 
or for any service in connection therewith between points enumerated 
in such tariff than the rates, and charges, specified in the tariffs in effect 
at the time; and no such carrier shall refund or remit in any manner or 
by any device, directly or indirectly, or through any agent or otherwise, 
any portion of the rates or charges so specified, or to extend to any person 
any privileges or facilities for transportation of property in intrastate 
commerce except such as are specified in its tariffs. 

The following provision of the Statute applies to both carrier and 
shippers: 

"G. S. 62-121.34 (3). That any person, whether carrier, shipper, con- 
signee, or any officer, employee, agent, or representative thereof, who 
shall knowingly offer, grant, or give or solicit, accept, or receive any 
rebate, concession, or discrimination in violation of any provision of this 
Act, or who by means of any false statement or representation, or by 
the use of any false of fictitious bill, bill of lading, receipt, voucher, roll, 
account, claim, certificate, affidavit, deposition, lease, or bill of sale, or 
by any other means or device, shall knowingly and willfully assist, suffer 



Decisions and Adjustments of Complaints 407 

or permit any person or persons, natural or artificial, to obtain trans- 
portation of property subject to this Act for less than the applicable 
rate, or charge, or who shall knowingly and willfully by any such means 
or otherwise fraudulently seek to evade or defeat regulations as in this 
Act provided for motor carriers, shall be deemed guilty of a misde- 
meanor and upon conviction thereof be fined not more than $500 for the 
first offense and not more than $2,000 for any subsequent offense." 

L. B. Jenkins Tobacco Company was not before the Commission in 
this cause and the Hearing Commissioner makes no findings as to it in 
this proceeding. 

Mr. Dunn appears to have acted in good faith but upon information 
that was erroneous. He should certainly understand now that his op- 
erating rights in the transportation of general commodities are limited 
to the territory specifically set out in his temporary authority, and that 
such limits apply to both truckload movements and movements in less 
than truckload quantities. He should also now understand that he is a 
party to a tariff which binds him and shippers alike, and that it is 
unlawful to charge or collect either more or less than the rates set out 
in said tariff. With this information, it is believed that justice will be 
done in this case insofar as Mr. Dunn is concerned by calling his atten- 
tion to the provision of the Statutes above set out, with the warning that 
the provisions of the law must be complied with. 

IT IS, THEREFORE, ORDERED: 

That further action in this case be deferred, and that a copy of the 
findings and order herein be mailed to Mr. Paul J. Dunn, and a copy 
thereof mailed to L. B. Jenkins Tobacco Company. 

Issued by Order of the Commission. 

This 22nd day of February, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 



DOCKET NO. T-374 
ORDER 

APPLICATION OF: W. C. Perry and J. V. Perry, d/b/a 
Perry's Transfer Company 
510 Polk Street 
Raleigh, North Carolina 

HEARD IN: Raleigh, North Carolina, on October 4, 1949 

BEFORE: Joshua S. James, Commissioner 

APPEARANCES: 

For the Applicant: 

J. C. Little, Attorney at Law, Raleigh, North Carolina 



408 N. C. Utilities Commission 

For the Protestants: 

I. M. Bailey, Attorney at Law, Raleigh, North Carolina 

JAMES, COMMISSIONER: 

By application filed on September 30, 1947, the applicants seek au- 
thority under Section 7 of the North Carolina Truck Act, to transport 
general commodities except those requiring special equipment over ir- 
regular routes between points and places with the boundaries of North 
Carolina. Temporary authority for the exercise of such rights in certain 
counties only was heretofore granted by the Commission on November 
22, 1948, by the issuance of temporary Certificate No. C-299, as pro- 
vided by law. Protests to the present application were filed in apt time 
by the Fredrickson Motor Express, Mrs. Mabel D. Burton, d/b/a Helms 
Motor Express, Miller Motor Express and the Transport Corporation. 

Upon the calling of the case for hearing the applicants offered in 
evidence the application with all exhibits thereto attached, including a 
report of operations for the month of November, 1946, which was chosen 
by the applicants as being representative of the nature and extent of 
their operations from January 1, 1947, to the date of filing application. 
The attorney for protestants objected to the introduction of this report 
for the stated reason that it was not filed with the Commission on or 
before October 1, 1947, the effective date of the Truck Act, as required 
by Section 7, paragraph 2, of that Act, but was filed thereafter on De- 
cember 9, 1947, in compliance with a request of the Commission for the 
reason that the report of operation accompanying the application was 
not regarded as sufficient. The attorney for protestants also objected to 
any and all oral testimony offered by one of the applicants concerning 
and in support of the application and said report of operations. The 
objections were overruled, exceptions being noted, and the disputed mat- 
ter received in evidence. 

The applicant testifying stated that he was under the impression 
the report of operations in question had been filed on September 30th, 
along with the application, by their attorney in whose hands they had 
left the whole matter. He testified further that they had been operating 
as claimed but without the assistance of a bookkeeper or other clerical 
help, and that they were therefore necessarily handicapped in furnishing 
a detailed report of operations and had depended largely on memory in 
the preparation of the report. 

Upon the conclusion of evidence for the applicants the attorney for 
the protestants moved for a dismissal of the application, which motion 
was overruled with an exception being noted for the protestants in 
line with prior objections to the introduction of the evidence referred 
to above in support of the application. 

The hearing commissioner is persuaded that the objections and the 
motion were not without merit. Section 7, paragraph 2 of the Truck 
Act is rather specific in its requirements that a full and complete re- 
port of the operations of an applicant carrier for one or more full 



Decisions and Adjustments of Complaints 409 

calendar months during the year, 1946, be filed with the Commission 
on or before the effective date of the Act which was October 1, 1947. 
It is true that the only such report filed by the applicants with the 
Commission before that date was not "full and complete" to the extent 
desired by the Commission, and as a result thereof the Commission di- 
rected a letter to applicant's attorney under date of October 13, 1947, 
requesting a more complete report. This request was complied with 
on December 9, when the Commission received the amended report in 
question from applicant's attorney and upon the basis of this report 
issued the temporary authority hereinbefore mentioned. 

The administration and enforcement of any new legislative act is al- 
ways attended with considerable confusion and misunderstanding. There 
is a certain period during which both the administrative officials as well 
as the persons affected by the new Act are not too clear as to the 
meaning of certain provisions of the Act, and the immediate and stringent 
enforcement of every provision of the law as understood at first glance 
may well cause unintended hardship and result in a public clamor of 
such magnitude as to cause the repeal of a good law. It is common 
knowledge that such has happened in the past. This Commission has 
been and is most anxious to avoid any likelihood of it happening to 
the Truck Act and has attempted thus far to administer the Truck Act 
in a liberal manner so as not to cause undue hardship and justifiable 
complaint, and the Commission has therefore allowed some latitude on 
the part of applicants as to certain provisions of the Truck Act, particu- 
larly as to Section 7. The Commission feels that such a policy is con- 
sistent with the intent and purpose of the legislature when it enacted the 
law, and the Commission is of the opinion that it should adhere to this 
policy until such time as the courts might declare the true intent and 
purpose of the law to be otherwise. 

Accordingly, the hearing commissioner received in evidence the ap- 
plication and the disputed amended or delayed report of 1946 operations 
and oral testimony of the applicant in support thereof. The applicant, 
having beat the dead line and filed his application before October 1, 
1947, as required by the Act and have made a bona fide effort to other- 
wise comply fully with the law, should not be left out in the cold 
because of one imperfection in his efforts to bring himself within the 
provisions of the law and enjoy the rights provided thereunder. It is 
a legal axiom in North Carolina, supported by statute, that procedural 
requirements should always be liberally construed with a view to doing 
substantial justice. 

From exhibit and testimony it was made to appear that the applicants 
have heretofore operated in at least the following fourteen counties of 
the State: Alamance, Granville, Franklin, Wake, Wilson, Johnston, Har- 
nett, Cumberland, Martin, Hyde, Lenoir, Craven, Onslow and New Han- 
over. These counties are fairly well distributed over the eastern half of 
the State. The applicant's temporary authority covered only the specified 
counties, although they are contiguous in a few instances only. If ap- 
plicants are to be given franchise rights it would appear to be imprac- 



410 N. C. Utilities Commission 

tical and unfair to permanently confine them to certain small territorial 
areas or counties somewhat widely separated, although they may have 
operated only in those counties during the one month reported. Such 
report should be taken to be merely representative. 

After careful consideration of all the evidence the hearing commis- 
sioner is of the opinion and so finds as a fact that the applicants have 
sustained the burden of showing that they were carrying on a bona fide 
operation as a common carrier by motor vehicle on January 1, 1947, 
over irregular routes within a territory roughly comprising the eastern 
part of the State and have otherwise complied with the requirements of 
said Section 7 of the Truck Act so as to entitle them to the rights there- 
under provided for. 

IT IS, THEREFORE, ORDERED; 

1. That the applicants be, and are hereby, granted authority to 
operate as a common carrier of general commodities, except those re- 
quiring special equipment, in intrastate commerce over irregular routes 
within the territory described and particularly set out in Exhbit B 
hereto attached and made a part hereof, subject always to the condition 
that the applicants shall fully comply with all provisions of the Truck 
Act applicable to common carriers and with all rules and regulations of 
the Commission concerning the same. 

2. That this order shall constitute a certificate to so operate until a 
formal certificate shall have been prepared and issued by the Com- 
mission. 

Issued by Order of the Com:mtssion. 

This 7th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
Myrtha Fleming, Chief Clerk 

DOCKET NO. T-374 W. C. and J. V. Perry, d/b/a 
Perry's Transfer Company 
510 Polk Street, Raleigh, North Carolina 

EXHIBIT B General commodities, except those requiring spe- 

cial equipment, over irregular routes between all 
points and places in the State eastward from a 
line along the western border of Caswell, Ala- 
mance, Chatham, Moore and Scotland Counties. 

DOCKET NO. T-374, SUB. 1 

ORDER 

APPLICATION OF: W. C. Perry and J. V. Perry, d/b/a 
Perry's Transfer Company 
510 Polk Street 
Raleigh, North Carolina 



Decisions and Adjustments of Complaints 411 

HEARD IN: Raleigh, North Carolina, October 4, 1949 

BEFORE: Joshua S. James, Commissioner 

APPEARANCES: 

For the applicant: 

J. C. Little, Jr., Attorney at Law, Raleigh, North Carolina 

For the protestants: 

I. M. Bailey, Bailey & Holding, Attorneys, Raleigh, North Carolina 
J. E. Bullock, Traffic Manager, Thurston Motor Lines, Inc. 
Wilson, North Carolina 

JAMES, COMMISSIONER: 

By application filed on July 15, 1949, the applicants seek authority 
under Section 11 of the North Carolina Truck Act to transport certain 
commodities in intrastate commerce over irregular routes within a radius 
of one hundred seventy-five miles from Raleigh. Commodity description 
for which the applicants seek authority to transport, the same having 
been amended at the hearing by consent, is as follows: Group 2, heavy 
commodities; Group 6, agricultural commodities; Group 7, cotton in 
bales; Group 8, fertilizer and fertilizer materials; Group 10, building 
materials; Group 16, furniture factory goods and supplies; Group 22, 
bottle beverages, concrete products, metal tanks, steel pipes and gro- 
ceries in drop shipments in truck load lots from the shipper or con- 
signer. Protests to the granting of the application were filed in apt time 
by the Fredrickson Motor Express, Helms Motor Express, Miller Motor 
Express and Thurston Motor Lines, Inc. 

The applicants had heretofore operated as common carriers in in- 
trastate commerce under authority of temporary certificate No. C-299, 
which permitted them to transport general commodities, except those 
requiring special equipment, over irregular routes between points and 
places in the counties of Alamance, Granville, Franklin, Wake, Wilson, 
Johnston, Harnett, Cumberland, Martin, Hyde, Lenoir, Craven, Onslow 
and New Hanover, and the applicants had filed application for the en- 
largement of this territory to an area covering the entire State of North 
Carolina, which application, Docket No. T-374, was heard immediately 
preceding the application herein. 

Upon the calling of the application herein the applicants offered in 
evidence the application, with exhibits thereto attached, together with 
oral testimony from three public witnesses, all of which evidence was 
received. 

Mr. B. G. Andrews of the North Carolina Products Company testi- 
fied his company needed the services of the applicants for the transporta- 
tion of concrete blocks and pipe and other products of his company to 
points and places within the territory applied for. Mr. Leonard James, 
Auditor for The 7-Up Bottling Company, Raleigh, North Carolina, testi- 
fied that his company had need of the services of the applicants in the 
transportation of bottled beverages; that the applicants' trucks were 



412 N. C. Utilities Commission 

of the open body type, particularly adapted to hauling bottled beverages 
and that most other carriers whose services might be available had 
closed or van type trucks which were not convenient for loading and 
unloading. He further testified that incoming products for the manu- 
facturing of bottle beverages were being satisfactorily transported by 
existing carriers. Mr. E. M. Britt of The Britt Company, Food Brokers, 
Raleigh, North Carolina, testified that his company needed the services 
of the applicants in transporting all types of groceries in drop shipments 
to customers east of Durham and Raleigh; that west of these points 
he was already receiving good service from existing carriers. He ad- 
mitted, however, that possibly he had not investigated fully what serv- 
ice might be available east of these points by existing carriers. All the 
evidence presented by the applicants dealt with commodities properly 
listed in Group 22 of the Commission's Rule 10. There was no evidence 
presented showing a need for services of the applicants in the trans- 
portation of commodities listed in Groups 2, 6, 7, 8, 10 and 16, which were 
also included in the application. 

After full consideration of all the evidence the hearing commissioner 
is of the opinion and so finds as a fact that a public need and demands 
exist for the proposed service in the area requested for those commodi- 
ties listed under Group 22, with the exception of groceries and as to 
these the need exists for points and places east of Raleigh and Durham 
only. The hearing commissioner further finds as a fact that the appli- 
cants are fit, willing and financially able to perform such service in 
an adequate and satisfactory manner. 

IT IS, THEREFORE, ORDERED: 

That the authority sought in the application be granted to the 
extent specifically described in Exhibit B hereto attached and made a 
part hereof and that this order shall constitute full authority to exercise 
the rights herein granted until such time as the Commission shall issue 
a more formal certificate in which shall be incorporated also the fran- 
chise rights granted the applicants in Docket T-374. 

Issued by Order of the Commission. 

This 17th day of November, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

By Myrtha Fleming, Chief Clerk 

DOCKET NO. T-374, SUB. 1 W. C. Perry and J. V. Perry, d/b/a 

Perry's Transfer Company 
510 Polk Street 
Raleigh, North Carolina 
Irregular route common carrier. 

EXHIBIT B . 1. Bottled beverages, concrete products, 

metal tanks and steel pipes from 
points and places in Durham and 
Wake Counties to points and places 



N. C. Utilities Commission 413 

in the counties of Surry, Yadkin, 
Iredell, Mecklenburg and all coun- 
ties east thereof. 
2. Groceries in drop shipments in truck 
load lots from Raleigh to points and 
places in the counties of Granville, 
Wake, Johnston, Sampson, Pender, 
and all counties east thereof. 



DOCKET NO. T-192 

APPLICATION OF: Pilot Freight Carriers, Inc. 

Winston-Salem, North Carolina. 

HEARD IN: Raleigh, North Carolina, on November 18, 1949 

BEFORE: Commissioner Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

William M. York, Attorney at Law, Greensboro, N. C. 

For the Protestants: 

J. Ruffin Bailey, Attorney at Law, Raleigh, N. C, representing 
Fredrickson Motor Express and Helms Motor Express. 

HUNTER, COMMISSIONER: This is an apphcation under Section 7 
of the North Carolina Truck Act wherein the applicant seeks authority 
to transport general commodities over irregular routes between points 
and places within a radius of 150 miles of Broadway, N. C, and from 
points and places within said radius to points and places in the entire 
State of North Carolina and from said destination points to points and 
places within the radius of 150 miles of Broadway. Said application was 
received by the Commission on September 25, 1947, to which was at- 
tached certain exhibits as required by said Section 7, including a re- 
port of actual operations covering the months of May, June, August, 
September, October and November 1946. Upon an analysis of said re- 
ports the Commission issued temporary authority to said applicant 
authorizing operations as an irregular route common carrier in the 
transportation of cotton and rayon piece goods in the original piece and 
rayon piece goods in the original piece between points and places in 
the counties of Rutherford, Cleveland, Catawba, Iredell, Rowan, Meck- 
lenburg, Davidson, Randolph, Forsyth, Guilford, Alamance and Frank- 
lin, which said temporary authority was issued under date of Septem- 
ber 7, 1948. Thereafter the applicant filed exceptions to said temporary 
authority and offered certain additional information in support thereof, 
all of which was in compliance with the rules of practice as particularly 
set out in the Commission's General Order in Docket No. 4066-B. Upon 
consideration of said exceptions the Commission changed the com- 
modity description as set out in said temporary authority to that of 
general commodities and added to said temporary authority six more 



414 N. C. Utilities Commission 

counties, namely, Wilkes, Buncombe, McDowell, Gaston, Rockingham 
and Stanly. 

Upon the call of this case for hearing the applicant offered in evi- 
dence the original application together with exhibits thereto attached, 
the temporary authority issued on September 7, 1948, the exceptions 
filed by the applicant to said temporary authority and the temporary 
authority as reissued and revised by the Commission on February 9, 
1949. Mr. Joe A. Kirkman, Traffic Manager for the applicant, appeared 
at said hearing and testified that the applicant was engaged in the 
transportation of property as a common carrier in North Carolina dur- 
ing the year 1946, was so operating on January 1, 1947, and has con- 
tinued to operate since that time. With respect to the exceptions filed 
by the applicant to said temporary authority, Mr. Kirkman testified 
that the exhibit attached to said exceptions represented shipments 
transported by the applicant either during the year 1947 or 1948 and 
that no shipments shown on said exhibit were transported during the 
year 1946. 

Protestants offered no testimony but objected to the evidence 
offered in support of said application showing shipments transported 
during the years 1947 and 1948. 

A careful analysis of the operations shown to have been performed 
by the applicant during the year 1946 shows that the operations of the 
applicant during said year were limited almost exclusively to the trans- 
portation of rayon goods and cotton and rayon goods. If the applicant 
was engaged in the transportation of general commodities during any 
part of the year 1946, the data filed with the application does not so 
show. Neither does the oral testimony offered at the hearing so show. 
The only testimony tending to show the transportation of commodities 
other than cotton and rayon goods relates to the transportation of 
certain other commodities during the years 1947 and 1948. 

Upon consideration of the application, the exhibits attached thereto 
and oral testimony offered in support thereof, the Hearing Commis- 
sioner finds: 

1. That said application was filed under provisions of Section 7 of 
the North Carolina Truck Act within the time required by said sec- 
tion and in compliance with the provisions thereof. 

2. That said application was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

3. That the operations shown by the report of said applicant as re- 
quired by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; and that 
said report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 



Decisions and Adjustments of Complaints 415 

IT IS, THEREFORE, ORDERED: 

(a) That the applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce as 
particularly set out in Exhibit B hereto attached and made a part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, applicant's attorney and protestants' attorney and that a 
formal certificate be issued to the applicant in accordance with the 
findings and order herein. 

Issued by Order of the Commission. 

This the 8th day of December, 1949. 

By Myrtha Fleming, Chief Clerk 

DOCKET NO. T-192 Pilot Freight Carriers, Inc. 

Irregular Route Common Carrier 
Winston-Salem, N. C. 

EXHIBIT B Transportation of rayon goods and cotton and 

rayon goods over irregular routes between points 
and places in Rutherford, Cleveland, Catawba, 
Iredell, Rowan, Mecklenburg, Davidson, Ran- 
dolph, Forsyth, Guilford, Alamance, Franklin, 
Wilkes, Buncombe, McDowell, Gaston, Rocking- 
ham and Stanly. 

DOCKET NO. T-105 

ORDER 

APPLICATION OF: J. K. Pinnell, Warrenton, North Carolina 

HEARD IN: Raleigh, North Carolina, on May 18, 1949 

BEFORE: Fred C. Hunter, Commissioner 

APPEARANCES: 

For the Applicant: 

S. W. Ruark, Ruark and Ruark, Attorneys at Law, Raleigh, N. C. 
Joseph C. Moore, Jr., Attorney at Law, Raleigh, N. C. 

For the Protestants 

J. Ruflin Bailey, Bailey and Holding, Attorneys at Law, Raleigh, 
N. C, for Fredrickson Motor Express Corporation, Helms Motor 
Express and Miller Motor Express 

Upon the call of the above application for hearing, the applicant 
offered in evidence the application filed in this case and also the tem- 
porary authority issued to said applicant by the Commission. The rec- 
ord and the testimony show that the temporary authority originally 
issued to said applicant was revised upon exceptions filed thereto, along 
with exhibits in support thereof, which were filed within the time and 



416 N. C. Utilities Commission 

according to the practice approved by the Commission. The exhibits 
filed as aforesaid in support of said revised temporary authority w^ere 
also offered in evidence over objections of protestants. The applicant 
offered oral testimony in explanation of the application and the ex- 
hibits offered in evidence. 

Protestants offered in evidence by reference, Certificate No. 1026, 
in the name of said applicant. No further testimony was offered by 
protestants. Protestants moved at the close of the testimony that the 
application be dismissed, for that, the applicant was not engaged in 
bona fide operations on January 1, 1947, within the meaning of Sec- 
tion 7 of the Truck Act and also moved that the application be dis- 
missed for reasons appearing in the record. Motions were overruled and 
protestants excepted. 

Upon consideration of the application, the exhibits and oral evi- 
dence in support thereof, the Commission finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
section, and in compliance \yith the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during 
the year 1946, was so operating on January 1, 1947, and has continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, to the applicant's attorneys and to counsel as appears of 
record for protestants, Fredrickson Motor Express Corporation, Helms 
Motor Express and Miller Motor Express; and that a certificate be 
issued to said applicant in accordance with the findings and order 
herein. 

Issued by Order of the Commission. 

This 19th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Comm,issioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 



Decisions and Adjustments of Complaints 



417 



ATTEST: 

By Myrtha Fleming, Chief Clerk 

DOCKET NO. T-105 J. K. Pinnell, irregular route common carrier, 
Warrenton, North Carolina 



EXHIBIT B 



General commodities except tiiose requiring spe- 
cial equipment over irregular routes between 
points and places on and within the following 
described boundaries: From the Virginia-North 
Carolina State line via U. S. Highway 15 to Dur- 
ham, thence U. S. Highway 70 to Raleigh thence 
U. S. Highway No. 15-A to its intersection with 
U. S. Highway 421 thence U. S. Highway 421 to 
Wilmington thence U. S. Highway 117 to its in- 
tersection with U. S. Highway 301 thence U. S. 
Highway 301 to the North Carolina- Virginia 
State line. 



DOCKET NO. T-156 

ORDER 

APPLICATION OF: P. P. Pope, Jr., d/b/a 

Pope Brothers Truck Line 
Battleboro, North Carolina 



HEARD IN: 
BEFORE: 

APPEARANCES: 



Raleigh, North Carolina, on June 30, 1949. 
John Hill Paylor, Examiner 



For the Applicant: 

Mr. William T. Hatch, Attorney at Law, Raleigh, N. C. 

For the Protestants: 

Mr. J. Ruff in Bailey, Attorney at Law; Bailey and Holding, At- 
torneys at Law, Raleigh, N. C, for Fredrickson Motor Express, 
Helms Motor Express and Miller Motor Express. 

The above case which was regularly calendared for hearing was 
referred to John Hill Paylor under the 1949 Procedure Act. 

Applicant filed application under Section 7 of the 1947 Truck Act, 
which said application was calendared for hearing 9:30 o'clock a.m.. 
May 5, 1949, and continued by the Commission until June 30, 1949, at 
2:00 o'clock. Applicant seek a certificate under Section 7 of the 
North Carolina Truck Act to transport general commodities, except 
those requiring special equipment over irregular routes between points 
and places within the following counties: Iredell, Forsyth, Moore, 
Robeson, Cumberland, Bladen, New Hanover, Lenoir, Wayne, Pitt, 
Edgecombe, Halifax, Nash, Vance, Granville, Durham and Wake. Truck 
load only. 



418 N. C. Utilities Commission 

Applicant testified that the application and exhibits attached there- 
to were prepared under his instructions and from records made of the 
1946 operations. Application, exhibits attached thereto and Temporary 
Authority N. C. No. C-306 were offered in evidence supporting Grand- 
father application. Applicant was cross examined by protestants. Prot- 
estants offered no evidence. Applicant and protestants waived the filing 
of proposed findings of fact and conclusions of law and briefs. 

The Examiner finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truclc Act within the time required by said Act 
and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant as 
required by Section 7 (b) of said Act were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, attorneys for applicant and attorneys for protestants of rec- 
ord in this cause and a formal certificate issued to the applicant in 
accordance with said findings and order. 

Issued by Order of the Commission. 

This 29th day of July, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 
By Myrtha Fleming, Chief Clerk 

DOCKET NO. T-156 P. P. Pope, Jr., d/b/a 

Pope Brothers Truck Line 
Battleboro, North Carolina 

EXHIBIT B General commodities, except those requiring 

special equipment, between points and places 
within the following counties over irregular 
routes: Iredell, Forsyth, Moore, Robeson, Cum- 
berland, Bladen, New Hanover, Lenoir, "Wayne, 
Pitt, Edgecombe, Halifax, Nash, Vance, Gran- 
ville, Durham and Wake. 



Decisions and Adjustments of Complaints 419 

DOCKET NO. T-177 

APPLICATION OF: Woodrow W. Poteat, Hickory, North Carolina 

HEARD IN: Raleigh, North Carolina, on February 28, 1950 

BEFORE: Commissioner Fred C. Hunter 

APPEARANCES: 

For the Applicant: 

E. P. Dameron, Attorney at Law, Marion, North Carolina 

No Protestants. 

HUNTER, COMMISSIONER. This is an application originaUy filed 
with the Commission under the provisions of Section 8 of the North 
Carolina Truck Act, and thereafter, with the consent of the Commission 
and at its suggestion, amended to an application for a certificate under 
the provisions of Section 7 of said Act, it appearing to the Commission 
that said carrier was in fact a common carrier and not a contract carrier. 

According to the usual practice of the Commission, and as required 
by Section 10 of said Truck Act, the Commission under date of Feb- 
ruary 14, 1949, issued to said applicant temporary authority to operate 
as a common carrier in the transportation of general commodities, ex- 
cept those requiring special equipment over irregular routes between 
points and places in the counties of McDowell, Burke, Buncombe, Meck- 
lenburg, Catawba, Alexander, Randolph, Pitt, and Wilkes. Upon the 
call of the case for hearing, the applicant offered in evidence the orig- 
inal application, along with exhibits thereto attached and made a part 
thereof, and also offered in evidence said temporary authority. Mr. 
Woodrow W. Poteat, the applicant, testified at said hearing that he was 
the sole owner of the business and that he began operations as a com- 
mon carrier in March, 1946, and had continued to so operate until the 
date of said hearing. He further testified that on January 1, 1947, he 
had three tractors and three trailers, and on the date of the hearing 
had five tractors and five trailers, five drivers and a bookkeeper, and 
that his net worth as of this date is approximately $30,000. The appli- 
cant further testified that he disclaimed any right to transport unmanu- 
factured tobacco and did not desire that such rights be included in any 
permanent authority granted him. 

The temporary authority issued to said applicant, as above referred 
to, appears to the Hearing Commissioner to fairly represent the nature 
and scope of said applicant's operations in 1946, as of January 1, 1947, 
and subsequent to that time. 

A protest was filed to the application by Fredrickson Motor Express, 
of Charlotte, but said protestant failed to appear at said hearing 
through counselor or otherwise. 

A protest was also filed to said application by The Transport Cor- 
poration, of Blackstone, Virginia. This protestant also failed to appear 
at said hearing through counsel or otherwise. 



420 N. C. Utilities Commission 

Upon consideration of the application and the testimony offered by 
the applicant, the Hearing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

3. That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a formal certifi- 
cate be issued to the applicant in accordance with said findings and 
order. 

Issued by Order of the Commission. 

This 10th day of March, 1950. 

NORTH CAROLINA UTILITIES COMMISSION 
By Myrtha Fleming, Chief Clerk 

DOCKET NO. T-177 Woodrow W. Poteat 

Irregular Route Common Carrier 
Hickory, North Carolina 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment and except 
unmanufactured tobacco, over irregular routes 
between points and places in the counties of 
McDowell, Burke, Buncombe, Mecklenburg, Ca- 
tawba, Alexander, Randolph, Pitt, and Wilkes. 



DOCKET NO. T-308 

FINAL ORDER 

APPLICATION OF: O. B. Power & Eliza S. Power, a partnership 
d/b/a, Power Oil Company, P. O. Box 869, 
Greensboro, North Carolina 



Decisions and Adjustments of Complaints 421 

HEARD IN: Raleigh, North Carolina, on May 20, 1949 

BEFORE: Fred C. Hunter, Joshua S. James, and Edward H. 

McMahan, Commissioners 

APPEARANCES: 

For the Applicant: 

James E. Wilson, Roberts and Mclnnis, Attorneys at Law, Wash- 
ington, D. C. 

For the Protestants: 

Vaughan S. Winborne, Attorney at Law, Raleigh, North Carolina, 
for Reliable Transport, Inc., Southern Oil Transportation Com- 
pany, Terminal City Oil Company, Star Oil Company, Eastern 
Oil Transport, and Hinson Transport Company 

The applicants herein seek authority under Section 7 of the North 
Carolina Truck Act to transport petroleum products in bulk, in tank 
trucks, from existing originating terminals to points and places through- 
out the entire State of North Carolina. Upon examination and analysis 
of the operations shown in the application, the Commission heretofore 
issued to said applicants temporary authority as required by Section 10 
of said Act; said temporary authority being over irregular routes from 
Wilmington, N. C. and points and places within five miles thereof, and 
from River Terminal and Friendship, N. C. to points and places within 
the following counties: Cumberland, Sampson, Halifax, Wake, Durham, 
Alamance, Chatham, Rockingham, Guilford, Randolph, Richmond, New 
Hanover, Montgomery, Forsyth, Person, Orange, Lee, Franklin, Vance 
and Warren. In due time the applicants excepted to the restricted 
territory set out in said temporary authority and demanded a hearing be- 
fore the Commission upon the contention that their operations as shown 
by the application covered a far wider territory and area than set 
forth in the temporary authority, and are of such a highly specialized 
character as to require the authority to serve the entire State. In sup- 
port of these contentions the applicants offered in evidence the appli- 
cation together with exhibits thereto attached and made a part there- 
of, and also offered oral testimony tending to show the scope and char- 
acter of their operations in the year 1946, and subsequent thereto. It 
appears to the Commission from the testimony offered orally and in 
the form of exhibits that the applicants were in 1946, and are now, 
transporting petroleum products to points and places in about twenty 
counties of the State of N( rth Carolina, extending from Forsyth and 
Rockingham Counties in the northwestern part of the State southward 
to and including Guilford, Randolph, Montgomery and Richmond, and 
northeastward so as to include Alamance, Orange, Person, Durham, 
Wake, Franklin, Vance, Warren, Halifax, and southeastwardly so as 
to include Chatham, Lee, Cumberland, Sampson and New Hanover. 

The Commission is of the opinion and so finds from all the testi- 
mony offered, that while the applicants are holding themselves out 
to serve larger territory than shown in their application and exhibits. 



422 N. C. Utilities Commission 

the area referred to above more than covers territory heretofore served 
by the applicants and vi^ill cover all territory the applicants are likely 
to be called upon to serve; and the Commission is of the opinion and 
so finds that the applicants territory be, and it should be hereby 
authorized to serve those counties within the State of North Carolina 
hereinafter designated. 

The protestants offered no testimony, but at the close of the evi- 
dence for the applicants moved that the application be dismissed, 
which motion was overruled, and protestants excepted. 

Upon due consideration of the application and the oral testimony 
and documentary evidence offered in support thereof, the Commission 
finds: 

(1) That said application was filed under the provisions of Sec- 
tion 7 of the North Carolina Truck Act, within the time required by 
said Section, and in compliance with the provisions thereof. 

(2) That said applicants were in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, were so operating on January 1, 1947, and have continued 
to so operate since that time. 

(3) That the operations shown by the report of said applicants, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said 
report shows commodities transported and territory served in the 
transportation of the same as particularly set out in Exhibit B hereto 
attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicants be, and are hereby, authorized to operate 
as a common carrier of property by motor vehicle in intrastate com- 
merce as particularly set out in Exhibit B hereto attached and made a 
part hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicants, and a copy thereof to the applicants' attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicants in accordance with the findings 
and order herein. 

Issued by Order of the Commission. 

This 31st day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Commissioner 
Edward H. McMahan, Commissioner 
ATTEST: 

By Myrtha Fleming, Chief Clerk 



Decisions and Adjustments of Complaints 



423 



DOCKET NO. T-308 O. B. Power & Eliza S. Power, d/b/a Power Oil 
Company, irregular route common carrier, 
Greensboro, North Carolina 



EXHIBIT B 



Petroleum products in bulk, in tank trucks, over 
irregular routes from existing originating term- 
inals located at or near Wilmington, N. C. and 
points and places within five miles thereof, and 
from Friendship, Thrift, River Terminal, More- 
head City and Salisbury, N. C. to points and 
places within the following counties: Stokes, 
Forsyth, Davidson, Montgomery, Richmond, Scot- 
land, Rockingham, Guilford, Randolph, Moore, 
Hoke, Caswell, Person, Alamance, Orange, Dur- 
ham, Chatham, Wake, Lee, Harnett, Cumberland, 
Sampson, Johnston, Granville, Vance, Warren, 
Halifax, Northampton, Franklin, Nash, Edge- 
combe, Wilson, Wayne and Duplin. 



APPLICATION OF: 

HEARD IN: 
BEFORE: 

APPEARANCES: 



DOCKET NO. T-174 

FINAL ORDER 

R & J Transport, a partnership composed of 
R. J. Reed and W. G. Johnson, R. F. D. No. 5, 
Winston-Salem, North Carolina 

Raleigh, North Carolina, on May 20, 1949 

Fred C. Hunter, Joshua S. James, and Edward H. 
McMahan, Commissioners 



Roberts and Mclnnis, Attorneys at Law, Wash- 



For the Applicant: 
James E. Wilson, 
ington, D. C. 

For the Protestants : 

Vaughan S. Winborne, Attorney at Law, Raleigh, North Caro- 
lina, for Reliable Transport, Inc., Southern Oil Transportation 
Company, Terminal City Oil Company, Star Oil Company, East- 
ern Oil Transport, and Hinson Transport Company 

The applicant herein seeks authority under Section 7 of the North 
Carolina Truck Act to transport petroleum products in bulk, in tank 
trucks, from existing originating terminals to points and places through- 
out the entire State of North Carolina. Upon examination and analysis 
of the operations shown in the application, the Commission heretofore 
issued to said applicant temporary authority as required by Section 10 
of said Act; said temporary authority being over irregular routes from 
Wilmington, N. C. and points and places within five miles thereof, and 
from Friendship and Thrift, N. C. to points and places in the following 



424 N. C. Utilities Commission 

counties; New Hanover, Mecklenburg, Forsyth, Guilford, Caswell, 
Person, Alamance, Chatham, Wake, Vance and Warren. In due time 
the applicant excepted to the restricted territory set out in said tem- 
porary authority and demanded a hearing before the Commission upon 
the contention that his operations as shown by the application covered 
a far wider territory and area than set forth in the temporary author- 
ity, and are of such a highly specialized character as to require the 
authority to serve the entire State. In support of these contentions the 
applicant offered in evidence the application, together with exhibits 
thereto attached and made a part thereof, and also offered oral testi- 
mony tending to show the scope and character of its operations in the 
year 1946, and subsequent thereto. It appears to the Commission from 
the testimony offered orally and in the form of exhibits that the appli- 
cant was in 1946, and is now, transporting petroleum products to points 
and places in about twenty-one counties of the State of North Carolina, 
extending from Surry County in the northwestern part of the State 
southeastward to and including Davidson, Randolph, Chatham and Lee 
Counties; thence northeastwardly so as to include Franklin and Warren 
Counties, which general territory comprises the north central section of 
the State and the Piedmont area of the same. 

The Commission is of the opinion and so finds from all the testimony 
offered, that while the applicant is holding itself out to serve larger 
territory than shown in its application and exhibits, the area referred 
to above more than covers territory heretofore served by the applicant 
and will cover all territory the applicant is likely to be called upon to 
serve; and the Commission is of the opinion and so finds that the appli- 
cant's territory be, and it should be hereby, authorized to serve those 
counties within the State of North Carolina hereinafter designated. 

The protestants offered no testimony, but at the close of the evi- 
dence for the applicant moved that the application be dismissed, which 
motion was overruled, and protestants excepted. 

Upon due consideration of the application and the oral testimony 
and documentary evidence offered in support thereof, \he Commission 
finds: 

(1) That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said 
Section, and in compliance with the provisions thereof. 

(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to 
so operate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto at- 
tached. 



Decisions and Adjustments of Complaints 



425 



IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, and a copy thereof to the applicant's attorney, and a copy 
thereof to the attorney appearing for protestants, and that a formal 
certificate be issued to said applicant in accordance with the findings 
and order herein. 

Issued by Order of the Commission. 



This 31st day of May, 1949. 



Stanley Winborne, Chairman 
Fred C. Hunter, CoTnmissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Covfimissioner 
Edward H. McMahan, Confimissioner 



ATTEST: 



By Myrtha Fleming, Chief Clerk 

DOCKET NO. T-174 R & J Transport, a partnership composed of R. J. 
Reed and W. G. Johnson, irregular route com- 
mon carrier, Winston-Salem, North Carolina 



EXHIBIT B 



Petroleum products in bulk, in tank trucks, over 
irregular routes from existing originating term- 
inals located at or near Wilmington, N. C. and 
points and places within five miles thereof, and 
from Friendship, Thrift, River Terminal, More- 
head City and Salisbury, N. C. to points and 
places within the following counties: Surry, Yad- 
kin, Davie, Davidson, Stokes, Forsyth, Rocking- 
ham, Guilford, Randolph, Caswell, Person, Ala- 
mance, Orange, Durham, Chatham, Lee, Wake, 
Granville, Vance, Warren, Franklin, Nash, 
Johnston, and Harnett. 



DOCKET NO. T-96 

ORDER 

APPLICATION OF: John W. McPhaul, d/b/a Raeford Trucking Com- 
pany, Raeford, North Carolina 



HEARD IN: 
BEFORE: 



Raleigh, North Carolina, on December 12, 1949 
Fred C. Hunter, Commissioner 



426 N. C. Utilities Commission 

APPEARANCES: 

For the Applicant: 

S. W. Ruark and J. C. Moore, Jr., Attorneys at Law, Box 2128, 
Raleigh, North Carolina 

For the Protestants: 

I. M. Bailey, Bailey and Holding, Attorneys at Law, Raleigh, North 
Carolina, for Mrs. Mabel D. Burton, d/b/a Helms Motor Express, 
and Miller Motor Express 

HUNTER, COMMISSIONER. This is an application filed with the 
Commission on September 19, 1947, under Section 7 of the North Caro- 
lina Truck Act, in which the applicant seeks a certificate authorizing the 
transportation of general commodities over irregular routes within the 
entire area of North Carolina east of U. S. Highway No. 18. The Com- 
mission issued temporary authority to said applicant as provided by Sec- 
tion 10 of said Act. Thereafter the applicant filed exceptions to said 
temporary authority on the grounds that the same did not accurately 
and fairly represent the nature and scope of the applicant's operations 
during the year 1946, and as of January 1, 1947. The applicant attached 
to said exceptions as an exhibit a report of additonal shipments shown 
to have been transported during the year 1946, said exceptions and said 
exhibit in support thereof being filed with the Commission on October 
11, 1948, and being in conformity with the rules and practices prescribed 
by the Commission for filing exceptions to temporary authority, as will 
appear by reference to the Commission's General Order in Docket No. 
4066-B. Upon consideration of said exceptions and the additional report 
of operations of the applicant during the year 1946, the Commission re- 
vised and reissued said temporary authority on December 20, 1948. 

The applicant offered in evidence at said hearing the original applica- 
tion, the temporary authority as originally issued by the Commission, 
exceptions to said temporary authority, including the exhibit attached 
thereto showing shipments handled by applicant in 1946, and the revised 
temporary authority issued by the Commission on December 20, 1948, 
all of which were received in evidence. The applicant also testified in 
support of said application, describing in detail the nature and scope of 
his operations during the year 1946, and to the general effect that said 
temporary authority as modified and reissued on December 20, 1948, 
all of which were received in evidence. The applicant also testified in 
support of said application, describing in detail the nature and scope of 
his operations during the year 1946, and to the general effect that said 
temporary authority as modified and reissued on December 20, 1948, 
fairly represents the nature and scope of his operations as of January 1, 
1947. 

The protestants objected and excepted to testimony, documentary 
or oral, with reference to the applicant's operations in 1946, except as 
to those shipments shown on exhibits attached to the original application 
and on file with the Commission on or before October 1, 1947, effective 
date of said Truck Act. 

An analysis of the report of shipments handled by applicant during 



Decisions and Adjustments of Complaints 427 

the year 1946, and for each of the calendar months listed, fairly shows that 
the applicant's operations during 1946, and as of January 1, 1947, were 
with few exceptions limited to hauls which either originated or term- 
inated in Raeford or vicinity. The oral testimony of the applicant was 
to the effect that with few exceptions his operations in 1946 consisted 
of shipments received at or near Raeford and delivered to points; within 
75 miles thereof, and to shipments which were received within 75 miles 
of Raeford and delivered to points in and around Raeford. 

Upon consideration of the application and the exhibits thereto at- 
tached and made a part thereof, and upon consideration of the testimony 
offered at said hearing, the Hearing Commissioner finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compliance with the provisions thereof. 

2. That said applicant was in bona fide operation as a common car- 
rier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
operate since that time. 

3. That the operations shown by the report of said applicant, as re- 
quired by Section 7 (b) of said Act, were reasonably frequent and con- 
tinuous throughout the period covered by said report; that said report 
shows commodities transported and territory served in the transportation 
of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as a 
common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant, a copy to the attorney for the applicant, and a copy to counsel 
for protestant of record in this cause; and a formal certificate be issued 
to the applicant in accordance with said findings and order. 

Issued by Order of the Commission. 

This 21st day of December, 1949. 

NORTH CAROLINA UTILITIES COMMISSION 

By Myrtha Fleming, Chief Clerk 

DOCKET NO. T-96 John W. McPhaul, d/b/a Raeford Trucking Com- 
pany, Irregular Route Common Carrier, Raeford, 
North Carolina 

EXHIBIT B Transportation of general commodities, except 

those requiring special equipment, over irregular 
routes: 

(1) To and from points in Hoke County and 



428 N. C. Utilities Commission 



within a radius of twenty (20) miles of Raeford. 

(2) From points and places in the area described 
in (1) above to points and places within a radius 
of seventy-five (75) miles of Raeford. 

(3) From points and places within a radius of 
seventy-five (75) miles of Raeford to points and 
places in the area described in (1) above. 



DOCKET NO. T-153 

FINAL ORDER 

APPLICATION OF: Steele H. Ratliff, d/b/ 
Ratliff and Ratliff 
Box 581 
Wadesboro, North Carolina 

HEARD IN: Raleigh, North Carolina, on May 4, 1949. 

BEFORE: Fred C. Hunter, Joshua S. James, and Edward H. 

McMahan, Commissioners 

APPEARANCES: 

For the Applicant: 

H. P. Taylor, Jr., Attorney at Law, Wadesboro, N. C. 

For the Protestants: 

I. M. Bailey and Ruffin Bailey, Attoi-neys at Law, Raleigh, N. C. 

It appears from the records in this docket that the applicant, along 
with certain other parties, formed a corporation subsequent to the filing 
of the application in this case, which corporation is Anson County 
Transportation Company with its principal office in Wadesboro, and that 
said applicant has leased to said corporation any and all operating au- 
thority which said applicant is entitled to receive upon final decision of 
the application herein; which said lease runs for a period of five (5) 
years beginning on January 1, 1948; which said lease agreement was 
approved by the Commission under date of January 3, 1948. 

Upon the call of this application for hearing the applicant offered in 
evidence the application, together with the exhibit thereto atached and 
made a part thereof, and also offered in evidence the temporary authority 
issued by the Commission to said applicant and rested. 

Protestants offered no evidence but moved that the application be 
dismissed, which motion was overruled and said protestants excepted. 

All parties to this proceeding waive the right to file proposed findings 
of facts and briefs. 

Upon consideration of the application, the Commission finds: 

(1) That said apphcation was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said sec- 
tion, and in compliance with the provisions thereof. 



Decisions and Adjustments of Complaints 



429 



(2) That said applicant was in bona fide operation as a common 
carrier of property by motor vehicle in intrastate commerce during the 
year 1946, was so operating on January 1, 1947, and has continued to so 
opeate since that time. 

(3) That the operations shown by the report of said applicant, as 
required by Section 7 (b) of said Act, were reasonably frequent and 
continuous throughout the period covered by said report; that said re- 
port shows commodities transported and territory served in the trans- 
portation of the same as particularly set out in Exhibit B hereto attached. 

IT IS, THEREFORE, ORDERED: 

(a) That said applicant be, and is hereby, authorized to operate as 
a common carrier of property by motor vehicle in intrastate commerce 
as particularly set out in Exhibit B hereto attached and made a part 
hereof. 

(b) That a copy of the findings and order herein be mailed to the 
applicant and to counselor as appears of record for protestants, Fred- 
rickson Motor Express Corporation, Helms Motor Express and Miller 
Motor Express; and that a certificate be issued to said applicant in ac- 
cordance with the findings and order herein. 

Issued by Order of the Commission. 

This 12th day of May, 1949. 

Stanley Winborne, Chairman 
Fred C. Hunter, Commissioner 
Joshua S. James, Commissioner 
R. G. Johnson, Com.m,issioner 
Edward H. McMahan, Commissioner 

ATTEST: 

Myrtha Fleming, Chief Clerk 

DOCKET NO. T-153 Steele H. Ratliff, d/b/a Ratliflf and Ratliff, irregu- 
lar route common carrier, Wadesboro, North 
Carolina 



EXHIBIT B 



General commodities except those requiring spe- 
cial equipment. 

Irregular Routes 

Between points and places within the following 
counties: Buncombe, Henderson, McDowell, Ruth- 
erford, Burke, Cleveland, Caldwell, Wilkes, Alex- 
ander, Catawba, Lincoln, Gaston, Iredell, Meck- 
lenburg, Rowan, Cabarrus, Union, Forsyth, Da- 
vidson, Stanly, Anson, Rockingham, Guilford, 
Montgomery, Richmond, Alamance, Durham, 
Vance, Wake, Wilson, Wayne, Johnston, Harnett, 
Lee, Moore, Scotland, Hoke, Cumberland, Robe- 
son, Colum.bus, New Hanover and Pasquotank. 



430 N. C. Utilities Commission 

EXHIBIT C The operating rights herein authorized have been 

leased to Anson County Transportation Company, 
a corporation, for a period of five (5) years, be- 
ginning January, 1948, and ending on January 1, 
1953. 



DOCKET NO. T-194 
ORDER 

APPLICATION OF: W. G. Ray & Sons, Inc., Burlington, North Caro- 
lina 

HEARD IN; Raleigh, North Carolina, on February 16, 1950. 

BEFORE: Stanley Winborne, Commissioner 

APPEARANCES: 

For the Applicant: 

Mr. C. C. Cates, Jr., Attorney at Law, Burlington, N. C. 

For the Protestants: 

Bailey & Holding, Attorneys at Law, Raleigh, N. C. For Fredrick- 
son Motor Express, Miller Motor Express and Helms Motor Ex- 
press 

WINBORNE, CHAIRMAN. This is an application for a certificate 
under the provisions of Section 7 of the North Carolina Truck Act. The 
application was received by this Commission on September 25, 1947, 
and temporary authority granted on September 22, 1948. In addition 
to the protest filed as above indicated, protest was also filed by The 
Transport Corporation, Vance Trucking Company, Inc. and Forbes Trans- 
fer Company through and by Copeland E. Adams, Attorney at Law, 
Blackstone, Virginia, but these protests were withdrawn prior to the 
hearing when it was agreed that the applicant would not insist upon 
receiving a certificate to transport "unmanufactured tobacco in hogs- 
heads." 

On November 21, 1949, this application was dismissed for failure of 
the applicant to appear when the case was set for hearing on November 
18, 1949, but for good cause shown the application was reinstated on 
December 13, 1949. 

On February 16, 1950, the case came on for hearing and was heard 
and the applicant offered in evidence temporary authority theretofore 
granted, together with exhibits. At this time Mr. I. M. Bailey, Attorney 
for the remaining protestants above listed, stated that he had reached 
an agreement with the applicant's attorney which, if approved by the 
Commission, would satisfy his clients, and that they would make no fur- 
ther protest to the granting of the certificate upon the terms stipulated 
in said agreement. 

The agreement referred to provides that the applicant shall receive 
a certificate of convenience and necessity to transport: 



Decisions and Adjustments of Complaints 431 

1. General commodities in truck load lots between all points in Ala- 
mance County and from all points in Alamance County to points and 
places in the Counties of Wake, Durham, Alamance, Guilford, Forsyth, 
Mecklenburg, Catawba, Transylvania, Buncombe, Cleveland, Gaston, 
Iredell, Cabarrus, Davidson, Rowan, Stanly, Randolph, Rockingham, 
Caswell, Person, Orange, Chatham, Lee, Cumberland, Columbus, Samp- 
son, Wayne, Johnston, Edgecombe and New Hanover. 

2. Family moving or household and kitchen furniture, whichever 
way it is defined by the Commission, between all points in the counties 
listed above in stipulation 1. 

Upon consideration of said temporary authority and the agreement 
between the parties above set out, the Hearing Commissioner is of the 
opinion and finds as a fact that said temporary authority, subject to the 
limitations stated in the stipulation, fairly sets out the nature and scope 
of the operations shown to have been performed by the applicant dur- 
ing the year 1946, and upon said consideration the Hearing Commissioner 
finds: 

1. That said application was filed under the provisions of Section 7 
of the North Carolina Truck Act, within the time required by said Sec- 
tion, and in compli